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(@ctompkins)
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I am preparing a plat for one of my main clients and the adjoiner to the north doesn't own his place outright, but it isn't just a matter of paying it off. The bank has foreclosed on him and the security deed specifically states that the bank has forclosed on their "2/3 interest in the property". How would one notate such and interest in the property.

I typically just have the current owners name with tax parcel and deed book/page. The normal stuff. But this seems to need something more specific in verbage.

 
Posted : May 6, 2015 3:39 pm
(@a-harris)
Posts: 8761
 

I would list the bank's name and recording info of that instrument and the name of any other person/s and recording info that I may have found in my research.

Even though I could work out who owns what percentage, I don't put that information on a drawing or elsewhere unless it comes from a court decree stating who owns what percentage.

Sometimes, alot these days, the current owner's deed does not include a description of the property and simply says the same property as in another deed. I will use the last deed that includes the property description. Tax sales and Foreclosure instruments usually call for some tax info identification numbers and I don't accept that as a property description.

 
Posted : May 6, 2015 3:55 pm
(@paul-in-pa)
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N/F Is Sufficient

The bounds of a property does not change depending on who owns it.

Paul in PA

 
Posted : May 7, 2015 2:40 am
(@ctompkins)
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N/F Is Sufficient

> The bounds of a property does not change depending on who owns it.
>
> Paul in PA

Never thought, mentioned nor implied that it did change the bounds. I am looking for any suggestions on how to NOTATE it on the face of the plat.

 
Posted : May 7, 2015 2:50 am
(@andy-bruner)
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I agree with Paul

Now or Formerly puts anyone on notice.

Andy

 
Posted : May 7, 2015 3:15 am
(@tommy-young)
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N/F Is Sufficient

I think his point was that if you just put the latest deed recorded with listed grantee, you're covered. We're not in the title business. I can't imagine any state requiring us to list everyone that has an interest in an adjoining tract.

 
Posted : May 7, 2015 4:37 am
(@ctompkins)
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N/F Is Sufficient

Good point. Thank you for the suggestions.

 
Posted : May 7, 2015 9:42 am
(@jim-in-az)
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N/F Is Sufficient

" I am looking for any suggestions on how to NOTATE it on the face of the plat."

Why?

 
Posted : May 8, 2015 5:50 am
(@summerprophet)
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Why are you overly concerned with adjoiner ownership? If it was the surveyed parcel, I would go with what the title calls out. If it just an adjoiner, I would simply refer to what the county assesor calls out as the owner.

 
Posted : May 8, 2015 10:31 pm
(@glenn-breysacher)
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Why wouldn't you cite the instrument that you used as a part of your boundary construction analysis? Surely you used an instrument of record to check the adjoiner's boundary on the ground. Perhaps I'm misreading your post.

 
Posted : May 13, 2015 10:17 am