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Are my parents pretty much screwed?

ok heres the situation: my parents bought a condo about 5 years ago. its an apartment complex that was bought out by a company and nothing really changed with the buildings, they just became for sale instead of for rent. anyway, i was with them when they bought it & it was like a huge convention type thing. there were lots of buyers & realtors there purchasing units. my parents purchased 3713, and were given the keys to 3713 & the mailkey to 3713.

i rented it from them immediately and lived there for a year. shortly after, a coworker of my mom's lived there for a couple of years. and then last year or the year before, a family with 2 children moved in there.

my dad went over there today to fix the dishwasher. as soon as he got home, the renter called her and said she just got a nasty note on her door that said my parents don't own this unit, it was just purchased by someone else & she has a week to move out.

what apparently happened is, the map of the community shows 3713 next door, and that their unit is actually 3714. however, the doors say, and always have said, otherwise. this person who just bought the unit, bought 3714, and is going by what the map says. apparently it was foreclosed and he didn't even bother to look at the actual unit, he just bought it based off what the map says. so he thinks he just bought my parents' unit and my parents' are suppose to have the one next door. the kicker? he's lived across the lake all this time. so he's seen a family living in 3713 and nobody living in 3714 for years. 3714 is completely destroyed, the previous owner had it repo'd and the renter destroyed it. so who's job is it to fix the damages? is it my parents, because according to the map, they actually own that unit? or the finance company that owns that specific unit?

they are contacting a lawyer on monday to get this straightened out. i am pissed because if the guy goes and looks at the doors he will see he does NOT own my parents' unit. it's all because someone f*cked up the map and switched the numbers. and really, they are just noticing this 5 years later? the person who used to own 3714 didn't catch this either. nobody has ever said anything until now. and now there is a family with children at stake, who can't move next door because the unit is destroyed & shouldn't have to be evicted from that unit. it is my parents' unit! screw what some damn map says right?

who is right in this situation? do my parents have any ground to stand on at all? IMO they were given the keys to the unit they've owned for the last 5 years, it is THEIRS.

 
tnm786

Asked by tnm786 at 7:31 PM on Mar. 5, 2011 in Money & Work

Level 43 (159,608 Credits)
This question is closed.
Answers (11)
  • The assessor should have the sale info on the property. Each parcel has a specific number and geographic coordinates. It is sold by parcel number. The holder of that parcel number is the owner. I bet your parent;'s are in the correct parcel, or it would have been caught by the title company or the loan company.
    ImaginationMama

    Answer by ImaginationMama at 7:57 PM on Mar. 5, 2011

  • Hire a good real estate attorney.
    Olivia4116

    Answer by Olivia4116 at 10:17 PM on Mar. 5, 2011

  • WOW! I have no idea what the answer to the question is but WOW! That is a mess and I really hope for your parents sake and the family that currently lives there that nothing bad comes of it. Just WOW!
    katiebug840204

    Answer by katiebug840204 at 10:43 PM on Mar. 5, 2011

  • Here's something I just learned. When you go through a title company, they often have you purchase title insurance. But that is not for your coverage. If you want your own title policy, you must purchase it within 6 months of the sale. If your parents purchased that, all they would have to do is make a phone call, then sit back and wait for this to be straightened out.

    Otherwise, they could do the foot work alone, go into the assessor's office. Or get a lawyer.
    Candi1024

    Answer by Candi1024 at 3:15 PM on Mar. 7, 2011

  • There are a few things I can think of . . . . are the units identical? On the deed of sale, it should have a description of the property, the square footage, etc. If the deed actually lists the sq. footage and coordinates of the next door unit, there could be an issue. My guess is that the deed shows their current unit. The inspector and/or property report would have shown if there was an error. Also, when you buy, you usually have title insurance, and they are probably covered somewhat under that. Also, the utilities probably list 3713 on them, which means, as far as the city is concerned, their unit is 3713. I don't think your parents are going to have a problem . . .except for that neighbor who is trying to make a false claim on their property. The end all, be all is probably what the county asessor has on the records for their unit. If it is a weekday, they can go into the assessor's office and verify.

    ImaginationMama

    Answer by ImaginationMama at 7:39 PM on Mar. 5, 2011

  • Yikes. They did get title loan insurance right? I'm not a lawyer so I honestly have no idea who will win in the end- but I sure hope it's your parents. Let us know what the outcome is.
    Erica_Smerica

    Answer by Erica_Smerica at 1:25 AM on Mar. 7, 2011

  • Wow, I say it's a good thing they are getting a lawyer. At least the tenants won't have to move out until it gets settled. I hope it works out for them.
    itsmesteph11

    Answer by itsmesteph11 at 12:00 PM on Mar. 7, 2011

  • the units are identical, unfortunately. but they were even given a walk-thru of 3713 and everything.
    tnm786

    Comment by tnm786 (original poster) at 7:43 PM on Mar. 5, 2011

  • thank you so much!
    tnm786

    Comment by tnm786 (original poster) at 8:04 PM on Mar. 5, 2011

  • That's right Candi- let's hope they purchased it!
    Erica_Smerica

    Answer by Erica_Smerica at 4:55 PM on Mar. 7, 2011

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