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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5658
Experience:  28 years of experience in general practice, real estate law and estate law.
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About 2005 we purchased houses in peru indiana thru tax deeds.

Customer Question

About 2005 we purchased houses in peru indiana thru tax deeds. The financing fell through to be able to rehab houses and we never did anything with them. I sent a letter to the city telling them that we were no longer able to do anything with the property and that we were giving them back. I never heard anything else about the properties and we never received anything else from the city and it has been several years. I thought all the houses had been put back up and resold through the tax lien sale. The next door neighbor to one of the houses called our office last week and told us that there was a storm and her fence was knocked down and it almost killed her dog and we owe them $5000.00. Since she started calling last week, she has cussed everyone out here and then called and apologized and said she is BiPolar and she is sorry but when she gets mad she can't control her anger. She has sent multiple messages and also stated that the city says we still own the property until the next tax deed sale and again we owe her $4000 or $5000.00. This was her last email to me.
It's bad when we can hardly afford f**king food for ourselves and we have a 4 year old child to worry about! The least you could do is to send a check in the mail. We have zip ties holding up our fence that was damaged by your tree! You got the fax that said you are still the owners of lot 266
On Apr 9, 2016 1:14 PM, "Tiffany Slaton" wrote:
We are giving you until Monday morning to do something about the damages to our property from your tree or you are being taken to small claims court!!
On Apr 5, 2016 2:35 AM, "Tiffany Slaton" wrote:
I was wanting to see if you got the fax. You still own the lot and would like the money to get our fence fixed . If something is not dome by Friday then we will take legal action and getting a good laywer and have no other choice but to sue for the damages to our fence. But I was 100 percent right that you owed thatv property. I am giving you til Friday yo get us 5000 to fix out fence or I will see you on court!!! Have a nice nice day Romda
Please advise what to do about her
Thank you
Rhonda Aylward
continues to email us and call. I am not sure who to call about this or what to do. Please advise.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 7 months ago.
Welcome and thank you for your question. Just to clarify you did purchase the house and the deed is in your name, however, financing for rehab work fell through but the purchase of the property closed and you became the owners of record. Is that correct?
Customer: replied 7 months ago.
Yes.
Customer: replied 7 months ago.
The thing is I know we dont own all the properties, but we have never gotten anything from City of Peru transferring a deed, so I dont understand how why we own this one but not any of the other 60 or so that we purchased thru the tax sales. The court house states we still own them until the tax deed is issued. We haven't issued a tax deed to them for any of the rest of the properties, so why would we do that with this one?
Expert:  Attyadvisor replied 7 months ago.
My concern is your liability for this particular property. You would be liable for the damage caused by the fence. Since it was purchased in 2005 by you it would show you as the owners unless the city accepted the property back by virtue of a deed, the taxes were unpaid by you and were sold at a future tax sale. I sent a letter to the city telling them that we were no longer able to do anything with the property and that we were giving them back. I never heard anything else about the properties and we never received anything else from the city and it has been several years. The only way to give the property back would be for the city to accept the property and that would be through an agreement/deed. I am not sure why no one bothered to respond to you. We need to the city to provide you with the documentation that in fact shows you as the owner. In the meantime did you have a homeowners insurance policy on the home?
Customer: replied 7 months ago.
No we didn't. Just to clarify, the city sold the rest of the houses at a tax sale or took them back, but they didn't this 1? I would not have an insurance policy because I didn't think we still owned it. And if we were responsible, why would this woman think I owed her $5000 dollars. She emailed a picture today that the tree fell on the fence and knocked off the little silver things that hold the fence up.
So if I am responsible, wouldn't it be smarter to get a bid to fix the damage?
Expert:  Attyadvisor replied 7 months ago.
Just to clarify, the city sold the rest of the houses at a tax sale or took them back, but they didn't this 1? Ok so you know for a fact that this house where the fence caused damage to the neighboring property is still owned by you and you show up as the taxpayer of record. I would not have an insurance policy because I didn't think we still owned it. I apologize but this where I am little unclear, If you knew the city did not take back the house why did you think you no longer owned the house? And if we were responsible, why would this woman think I owed her $5000 dollars. She emailed a picture today that the tree fell on the fence and knocked off the little silver things that hold the fence up. So if I am responsible, wouldn't it be smarter to get a bid to fix the damage? If indeed you are still the owner and showing up as such in the public records three estimates should be provided and you should have the ability to find your source t repair the fence. She does not make the rules on how much you pay you are entitled to pay the least amount to get the fence repaired properly. If she plans on taking you to small claims court she needs to follow all of the proper procedures as well. Where is the house located so I can provide you with a link for a local attorney that provides FREE consultations that can make sure this woman stops harassing you and that the fee you pay for repair is reasonable and not a number she pulled out if the air?
Expert:  Attyadvisor replied 7 months ago.
Are you still with me? I have to leave for a meeting in a few minutes. I was hoping to finish up your question. We can continue later if you are not available now.
Customer: replied 7 months ago.
I live in Edwardsville, Illinois and the properties are in Peru, Indiana. I told this woman that I did not own the house and she came back and said yes I do. That is how I found out. She said she went to the court house and we are still the owners on record. I knew absolutely nothing until she emailed me and then faxed over a copy of the record from the courthouse and said that we still own it until the county receives a tax deed.
Expert:  Attyadvisor replied 7 months ago.
She said she went to the court house and we are still the owners on record. I knew absolutely nothing until she emailed me and then faxed over a copy of the record from the courthouse and said that we still own it until the county receives a tax deed. That stinks. I am sure this was an unwelcome surprise.Since that is the case unfortunately you will be liable for the repairs. We would want a Peru Indiana attorney to assist you if you cannot negotiate a fair amount. She needs to stop harassing you now that you are aware of the situation and can take action. This is a link for attorneys that provide free consultations in Peru http://lawyers.findlaw.com/lawyer/firm/real-estate-law/peru/indiana In the meantime it may be prudent to get your own estimate to see if her amount is even in the ballpark. I am seeking links for free quotes at sites such as http://mwfences.com/fence-installation-and-repair/in/peru/chain-link-fence
Expert:  Attyadvisor replied 7 months ago.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. Thank you very much for using JA. It has been a pleasure working with you.If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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