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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7160
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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A certain property was conveyed numerous since 1950s all with

Customer Question

A certain property was conveyed numerous since 1950s all with the exact same metes and bounds description. In 2012 during a refinance an attorney changed the property description to include an additional 40 x 70 piece of ground "because the thought it was wrong". Months later a claim is made involving ownership of that little parcel and the insurance company proceeds to defend said description. ( The assessors now realize that an error was made by them 40 years ago!) My question is how can an attorney change the description on his own volition? And if it is not legal to do so how could I call that question? ( My problem is I own the 40 x 70 foot lot and am being force to defend that title against the deep pockets of an insurance company and it is getting very expensive with frivilous expert witness and silly depositions.) I am convince that I have good title.What can be done to basically put an end to this 'Fraudulent' claim based on the fraudulent description? I hope this all makes sense!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Attorney or not, one cannot simply pick up piece of real estate out of then air and included iit in an existing legal description. The title records in the recorder's office of your County should clearly show that his claim is outside of the chain of title. The best way to end a lawsuit quickly is to file a motion for summary judgment. If you are certain that the chain of title evidence supports your claim to ownership of the tract in question then, you should be able to document it from the official records and end the case quickly.
Expert:  Irwin Law replied 1 year ago.
I hope that this information is helpful.