My question involves real estate located in the State of: Georgia
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I bought a foreclosed house for cash in 2012 and have a Warranty Deed filed with the county for the property which has the language “ together with all improvements situated thereon” and the “Parcel” description attached as "Exhibit A” and recorded also states “together with all improvements located thereon”.
The house is on a permanent foundation, but has steel girding underneath it and a trip to the tag office today confirmed that it is titled as a mobile home and is still registered in the original owner's name who lost it in foreclosure in 2006. (When I was doing my due diligence prior to purchasing the house, the county office could not find a title. The house has always been taxed as "real", not "personal" property, so I always assumed the title had been "retired"-silly me).
The only title found is the original owners' name who purchased the house back in 1980. I am surprised this title was never “retired" given the 2 foreclosures the house went through in 2006 and again in 2012, but apparently it was not.
I now want to sell the house as "real" property (not a mobile home) so I need to get the title in my name, "retire" it and file a Certificate of Permanent Location. The county says I need to have both former owners-husband and wife (I believe they are both alive, but am not sure), sign an Application for a Duplicate Title , get the duplicate title and then have them transfer the title over to me before I can file for a Certificate of Permanent Location.
Here are my questions:
1. Is the county office correct in that these are the steps required to get the title in my name?
2. I am concerned that when the former owners discover that the DMV title is still in their name, they may attempt to claim they still “own" the house.
3. Do they have any standing to make such a claim? The house has been foreclosed twice and there was one other owner prior to me. I assume it would require a law suit on their part. Is there a statute of limitations on making such a claim-they lost the house in a foreclosure in 2006? If they filed a suit, would they have any chance of prevailing--would a lawyer even take a case like this?
4. Should I approach the previous owners through a lawyer or just go myself? I am assuming the former owners may also seek some kind of compensation for their cooperation.
5. I have owners title insurance which I purchased at the closing—if the former owners did try to claim they still owned the house, or if they wanted payment to cooperate, or refused to cooperate, would my title insurance likely cover attorney’s fees and other costs associated with resolving this issue?
6. What are my remedies if they refuse to cooperate with me? I am hoping the former owners are honest people who would cooperate and help me get the title in my name, but I want to know any potential pitfalls and the best way to go about this before I approach them.
Thanks in advance for your counsel!
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I bought a foreclosed house for cash in 2012 and have a Warranty Deed filed with the county for the property which has the language “ together with all improvements situated thereon” and the “Parcel” description attached as "Exhibit A” and recorded also states “together with all improvements located thereon”.
The house is on a permanent foundation, but has steel girding underneath it and a trip to the tag office today confirmed that it is titled as a mobile home and is still registered in the original owner's name who lost it in foreclosure in 2006. (When I was doing my due diligence prior to purchasing the house, the county office could not find a title. The house has always been taxed as "real", not "personal" property, so I always assumed the title had been "retired"-silly me).
The only title found is the original owners' name who purchased the house back in 1980. I am surprised this title was never “retired" given the 2 foreclosures the house went through in 2006 and again in 2012, but apparently it was not.
I now want to sell the house as "real" property (not a mobile home) so I need to get the title in my name, "retire" it and file a Certificate of Permanent Location. The county says I need to have both former owners-husband and wife (I believe they are both alive, but am not sure), sign an Application for a Duplicate Title , get the duplicate title and then have them transfer the title over to me before I can file for a Certificate of Permanent Location.
Here are my questions:
1. Is the county office correct in that these are the steps required to get the title in my name?
2. I am concerned that when the former owners discover that the DMV title is still in their name, they may attempt to claim they still “own" the house.
3. Do they have any standing to make such a claim? The house has been foreclosed twice and there was one other owner prior to me. I assume it would require a law suit on their part. Is there a statute of limitations on making such a claim-they lost the house in a foreclosure in 2006? If they filed a suit, would they have any chance of prevailing--would a lawyer even take a case like this?
4. Should I approach the previous owners through a lawyer or just go myself? I am assuming the former owners may also seek some kind of compensation for their cooperation.
5. I have owners title insurance which I purchased at the closing—if the former owners did try to claim they still owned the house, or if they wanted payment to cooperate, or refused to cooperate, would my title insurance likely cover attorney’s fees and other costs associated with resolving this issue?
6. What are my remedies if they refuse to cooperate with me? I am hoping the former owners are honest people who would cooperate and help me get the title in my name, but I want to know any potential pitfalls and the best way to go about this before I approach them.
Thanks in advance for your counsel!
Title Defects: Purchased Foreclosed Mobile Home, Later Discover Title in Original Owner's Name
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