We purchased our house in 1999 from a builder/developer . Aug 2012 it was determined our house was not built within our property lines approx. 1/3 of our house was built on HOA land which made our house unmarketable. Our original title company and the HOA agreed that the HOA will receive approx $20,000.00. We "the victims" are out atty fees and only getting a clear title which we thought we had when we purchased the house.. We requested that the title co and/or HOA pay something but the HOA and Title co don't feel they are responsible for any expenses that we have incurred. Now the HOA will not sign any property line adjustments until we agree not to sue them or release all their responsibility,. Should we sign or fight for what was/is rightfully ours? Do we have recourse?
General Practice Lawyer
I don't see the title company having any liability, unless you purchased a ALTA owner's policy. A CLTA policy only insures against defects in the title as shown by public records. Off-record matters affecting title are excluded from coverage in a CLTA policy.
I don't know where you are at in the process, since you mention attorney's fees, but it sounds as if a lawsuit against the developer/ HOA, and maybe a claim with the title company are in order, depending on the policy. Your case would have to be reviewed by an attorney.
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Real Estate Attorney
You should consult an attorney to review all the documents and try to negotiate either a lot line adjustment or an easement.
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