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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25232
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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house was bought in 2005 should have been 2 lots with home

Resolved Question:

house was bought in 2005 should have been 2 lots with home on it. property was foreclosed on. person that was foreclosed on has not paid any taxes since 2003. now claiming the other lot with well to house. what can we do to correct this
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.

Kirk Adams : Hi - my name is XXXXX XXXXX X'X a Real Estate litigation attorney. Thanks for using JA! I'll be glad to assist you.
Kirk Adams : One question - - did the foreclosure include this second lot?
Kirk Adams : .....or is that where the problem began?
Customer:

i am not sure it was included in newspaper clipping when the real estate company advertised it and added in with taxes and we have been paying taxes on it since 2005 when property was purchased by my family.

Kirk Adams : Ok.
Kirk Adams : If you bought the property at foreclosure and you purchased both lots, then you should own both.
Kirk Adams : You may have to look at your deed to determine / have an attorney review your deed to determine if you purchased it.
Kirk Adams : If your deed does not include the vacant lot with the well, then you would not own it, obviously. But, if the lender foreclosed on both tracts, the lender would still hold titl to the lot and you could attempt to purchase it from them.
Kirk Adams : The previous owner would not have an ownership interest or claim to the property IF the lender foreclosed.
Customer:

i have a mind that the second lot was still in the other mans name and since the orginal one that purchased it has expired. This person thinks he can take it from her daughter.. going to do some more research to determine how to go about fixing this. but thank you anyway. should be some kind of law since he hasn't paid any taxes in 10 or 11 years he should have to give up his rights.

Kirk Adams : Well, the payment of taxes generally doesn't confer any ownership over the property - - this is so because taxes are assessed against the real estate - - not an individual person. So, anyone can pay property taxes on any real estate they want - - but it doesn't give the paying person an ownership interest or claim to the property.
Kirk Adams : Only a deed confers property interest/ownership.
Kirk Adams : .....or a court order.
Customer:

like i said thank you very much. still going to try. maybe we can make him take the offer of the property valve at the time of foreclosure

Customer:

thats where the problem began.

Kirk Adams : No problem. Glad to help. If the previous owner was foreclosed, then that person would not own the property, so you would be on solid ground if you wanted to challenge that legally.
Customer:

The problem began when my sister past away and someone told the man that it was still tied to him.

Kirk Adams : Understood.
Kirk Adams : Well, if this guy doesn't have a legal claim to the land, then you can sue to quiet and confirm title and get a court order finding that he has no right, title or interest in the land.
Customer:

i think thats what we are going to do. thank you.

Kirk Adams : Sure. No problem!
Kirk Adams : THANK YOU for allowing me to assist. Also, please remember to positively rate our conversation so I will get credit for my time.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25232
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 10 other Real Estate Law Specialists are ready to help you
Expert:  Roger replied 7 months ago.
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