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Old 02-09-2011, 06:25 AM   #21
Thinks s/he gets paid by the post
Join Date: Mar 2010
Posts: 1,595
jazz4cash...I'm sure you and your lawyer have connected the dots...but if I'm understanding this correctly it does smell fishy.
Seems to me that if any party along this process had Owners title insurance at the time of purchase (MIL, 1st buyer, 2nd buyer..etc.), some of this should go against the Owners titling insurance company(s) (not Lenders) long as the owners didn't waive purchasing that.
Question: Was SIL married to BIL at the time of her death and did SIL own the property at that time? If so then this party may have a legitimate claim. Am a bit confused why claims during probate didn't take care of this unless of should have been caught by the executor in which case BIL could have a claim against the executor. Lot of points to digest. Apologize if I am not understanding them correctly.
This was a timely post. My daughter is getting ready to buy a condo. We were considering waiving the almost $600.00 Owners Titling Fee. Don't think we will do that after reading this post. Thanks for the "save".

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Old 02-09-2011, 08:08 AM   #22
Thinks s/he gets paid by the post
Join Date: Jul 2010
Location: Chicago
Posts: 1,001
All I can say is to stay strong willed on this. Anyone can bring a suit like this and from my personal experience as an executor/administrator, the court has to listen to them. Still don't know why the executor wasn't mentioned/brought to court in this claim with/instead of your DW. But you mentioned she got 100% of the proceeds in your post. Makes sense to go after the money person. In my scenario, I got charged with "stealing" from an estate with no money, just real estate and then "maniuplating the beneficiary claim on a brokerage account to benefit me" even though my brother had it done by his own lawyer, they tried to claim his lawyer wasn't his lawyer too! The legal process let this get all the way to the judge and he said "Why am I even wasting my time hearing these claims in my courtroom?". So both got thrown out, but it cost $7k just to do all the prep to fight these claims as baseless as they were.

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Old 02-09-2011, 04:33 PM   #23
Thinks s/he gets paid by the post
Join Date: Aug 2004
Location: Laurel, MD
Posts: 2,292
Thanks for the responses and support. I have been intentionally vague in my posts, so it's no wonder there is some confusion. Overall, most have expertly read between the lines in assessing the situation. Eventually, I plan to explain more thoroughly. A couple things I do want to emphasize now....

The plaintiff alleges that DW recieved 100% of proceeds, but that is incorrect so we don't really have any connection to the sale.
  1. Despite the title I chose for this thread, this is not really an estate issue as far as the current allegations.
  2. It is my understanding also that title insurance would adequately protect against this type of problem, but how could you ensure that all future buyers purchase a policy? I have emphasized in other threads the importance of an owner's title insurance policy. Apparently this can be more difficult to obtain if a home has a history of foreclosure, but it is a must have (especially in light of all the real estate bubble shenanigans).

...with no reasonable expectation for ER, I'm just here auditing the AP class.Retired 8/1/15.
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