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Follow up post of "are my parents pretty much screwed?"

http://www.cafemom.com/answers/760597/Are_my_parents_pretty_much_screwed

 

they contacted a lawyer, turns out they do NOT own the unit they've been renting out for the last 5 years. they were sold the wrong unit, given the keys to the wrong unit, the numbers were placed incorrectly on the doors in accordance with the map. they gave their tenants back their March rent so they could move out, because someone purchased the unit next to theirs, and caught the mistake that has been missed for 5 years. the unit next door to the one they thought they owned, is completely gutted, so of course the new owner does not want a shitty unit & found out he really owns my parents nice unit. 

anyway, my dad doesn't want to be responsible for those damages, and he shouldn't have to be, considering he did not rent it out to the people who destroyed it. the previous owner had it foreclosed, so im not sure who is responsible at this point. my parents, since legally they do own that unit, the previous owner, or the bank who foreclosed it? who knows. anyway, what's usually the next step now? my dad cannot afford this unit without tenants paying him, and he cannot afford to fix it up. he just bought a house, and im about to move into his old house. he's worried if he files bankrupty on the condo, he could lose his new & old house. is this true? what is the typical protocol in this scenario? they've always had golden credit, and if anyone is truly to blame here, it's the management company for selling them the wrong unit.

 
tnm786

Asked by tnm786 at 4:42 PM on Mar. 9, 2011 in Money & Work

Level 43 (159,608 Credits)
This question is closed.
Answers (10)
  • Then he should be suing the management company.
    SleepingBeautee

    Answer by SleepingBeautee at 4:49 PM on Mar. 9, 2011

  • He should take EVERYTHING out of his unit and put it in the gutted one. That guy bought the gutted one, he should get the gutted one.
    SleepingBeautee

    Answer by SleepingBeautee at 4:51 PM on Mar. 9, 2011

  • I am just speaking off the huff, but what about the title company? Did they have the insurance on the old unit. Perhaps the insurance will cover the renovation or part of it.
    tootoobusy

    Answer by tootoobusy at 4:53 PM on Mar. 9, 2011

  • That's super crazy! Your parents should contact who ever insures the property and ask about filing a claim. Insurance companies have lawyers who know the law and are much better equiped to handle these sorts of things.
    Lornamay

    Answer by Lornamay at 5:31 PM on Mar. 9, 2011

  • hopefully they will. the lawyer is rarely available so they're kind of in limbo right now just waiting.
    tnm786

    Comment by tnm786 (original poster) at 4:50 PM on Mar. 9, 2011

  • exactly. its all because of some damn map that says odd should be on the left and even should be on the right. when the actual DOORS say odd is on the right and even is on the left. my parents were shown the unit on the RIGHT, they were sold the unit on the RIGHT, they were given the keys to the unit on the RIGHT. everything in their closing paperwork and everything says "3713" which if you go and look at the actual doors it confirms its on the right. however, the map says it's on the left and so does the city map. it pisses me off to no end because they were still sold the unit on the right. the one on the left hasn't been lived in in over a year and is gutted. IT was the one for sale, not my parents'!
    tnm786

    Comment by tnm786 (original poster) at 4:55 PM on Mar. 9, 2011

  • im pretty sure they had title insurance, but even still, it says they own 3713, which going by the map is the gutted unit. he even has a map in his old paperwork from 5 years ago, and the numbers are MICROSCOPIC. you would have to use a magnifying glass to see them. everyone including the sales person went by what the door said! and how did the previous owners of the unit on the left NOT also catch the mistake? well, regardless of everything, somehow it turns out they do not own the unit on the right. i guess they were supposed to be sold the one on the left, even though they were shown the one on the right, and 5 years ago the one on the left wasn't even available or for sale!
    tnm786

    Comment by tnm786 (original poster) at 4:57 PM on Mar. 9, 2011

  • they might cover it, but they might also want some kind of proof that some old tenants caused the damage? proof of which my parents dont have, since whoever destroyed it was not under contract with them.
    tnm786

    Comment by tnm786 (original poster) at 4:59 PM on Mar. 9, 2011

  • Isn't this covered under title insurance?
    LoveMyDog

    Answer by LoveMyDog at 8:26 AM on Mar. 10, 2011

  • Title insurance only covers you if you purchased personal title insurance. Many people make the mistake of seeing title insurance and thinking it is for them, when it is actually for the banks.
    If they bought personal title insurance, no matter how easy the mistake was, it was theirs and it would now be their job to fix it.
    Obviously, they did not have title insurance. Expect a long drawn out fight with lots of $ involved.
    Candi1024

    Answer by Candi1024 at 2:32 PM on Mar. 14, 2011