Love's Real Stories

Answering all the real estate questions you never knew you had.

The Stakes

“Here’s one for you,” said my old friend TW, the surveyor. “A few years back I got a call from a lady who was going to build a fence. She wanted a survey to make sure she put the fence in the right place.”

When TW says “Here’s one for you” you better listen up. More than likely, you’re about to learn something. TW has done more surveying than anyone you know. He’s climbed like a billy goat, slithered on his belly like a reptile, and crawled through brambles where a rabbit wouldn’t go. He’s driven corner pins and property line stakes that have never been seen by another human being. He’s mapped more real estate than Christopher Columbus.

“So I spent some time on this lady’s property, checking and re-checking the corners and lines; I scratched my head a little bit, and drove stakes along the property line.”

TW knocked on the lady’s door and motioned her out to take a look. She twisted her head and stared questioningly at TW’s row of stakes. The stakes began at the front corner of the property and marched at an angle across the lady’s front yard and stopped in the flower-bed under the window of her master bedroom. Her house, as it turned out, straddled the property line.

The lady turned her head toward TW, her mouth hanging open.

“There’s your property line,” said TW.

The lady shook her head as if to say “This can’t be right!”

TW nodded his head as if to say “Oh, but it is.”

TW told me the contractor who built the lady’s house had purchased a block of four lots and built on them all, one of which was the lady’s.

“The only problem,” said TW, “is the guy assumed the lot lines were perpendicular to the road, when in fact they went off on an angle.”

Therefore, all four of the houses straddled their property lines.

“I believe they’re still trying to sort it out,” said TW. “The contractor skipped town, and the homeowners aren’t happy campers.”

I asked TW if there was a solution.

“Yeah,” he said, “all you Realtors need to tell your buyers to get a survey! How else will they know what they’re buying?”

I agreed, and TW said, “Here’s another one for you….”

Bad Breaks and Good Luck

The big banks that got busted for bungling foreclosures paid billions for their bad business, through a settlement with the U.S. government. Eight-and-a-half billion dollars was paid to the feds, to be distributed to homeowners who were incorrectly foreclosed upon. Unknown is exactly who will receive the money, how much they will be given, and when they will get it.

There are people here in the North Valley who might be eligible- people who were in the process of a loan modification, for instance, who were told by the bank they were qualified for the modification, were days from closing the modification, and the bank abruptly foreclosed. It’s as if the left hand of the bank was holding a pen above the paperwork, ready to sign final documents, when the right hand appeared at lightning speed, seized the documents and fed them through a shredder, then slammed down the hammer of foreclosure. Bad break. No loan modification, no more home, time to pack it up and go.

After people packed it up and went, it was discovered the bank didn’t own some of the loans they foreclosed upon. Faulty and fraudulent paperwork stunk up the bank’s processing departments like rotten eggs. Too late though, the home has someone else living in it now.

Other people got the boot without being given proper notification, without correct paperwork, or disclosure of their rights. Mere technicalities one might say; but procedurally illegal nevertheless.

Amidst the foreclosure wreckage and the bad breaks, there are some good luck stories to be told.

One homeowner (who wishes to be unnamed) had a loan against his property of $375,000, and the house was worth around $225,000. The homeowner lost his job and quit making payments, and the bank began foreclosure proceedings. The homeowner packed, and prepared to hit the road.

Three days before the foreclosure was finalized, the bank confessed their paperwork on the loan was faulty, and they no longer claimed ownership of the loan at all. No one else did, either.

Eureka! The homeowner-who-wishes-to-be-unnamed now owns his home free and clear. He pulled the “Get-Out-of-Jail-Free” card; the “Bank-made-an-error-in-your-favor” card. Lucky break.

He also got his job back.

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