QUESTION
I sold a condo and the legal description was recorded wrong and I still "own" 3 feet of my property.
Asked on Aug 29th, 2011 on Real Estate - Florida
More details to this question:
Attourney wants to pay me $1000 for me to sign "quite claim deed" basically signing over my portion of the property. Plaintiff is VA and attourney is 3rd party. What are my options? He wants me to fill out IRS form for income. I don''t want to claim the income. He said if I don''t sign they will foreclose on the owner and I won''t get anything
1 ANSWER
Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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Not sure that I understand how the problem arose. A condo unit is legally described by a Unit # description, not a measurement or metes and bounds description. So I can't see how the description could be 3 feet off.
If a title agent or closing agent was involved in the prior transfer, then they should be consulted. There may be title insurance that can be accessed to solve the problem.
This sounds like there is more to the circumstances. Can you go back to the closing agent (title company or attorney) and get a full description of the error and the choices for resolving? Are you willing to sign the quitclaim deed without receiving any payment? If not, then the attorney or closing agent has no choice, he has to report the payment to you, just like they did when you sold the condo unit.
Answered on Sep 02nd, 2011 at 8:51 AM