I have been involved in a couple of foreclosure cases where the legal descriptions were really screwed up. In one of them, the lender had not included one of the lots and the house sat squarely on both of them! My client was not liable on the note and did not want the house, so I tried to explain the problem to the foreclosure firm... I even gave them the legal description and told them to amend their complaint to add a reformation claim. They did... but screwed that one up too and had to do it all over again.
The next one was the opposite. The lender only took a mortgage on one 5 acre parcel with a house on it, but the owner also owned the 11 acres next to it with another house on it. My client had the first mortgage on the 11 acres. Unfortunately, when the foreclosure firm ordered the title work, it showed the 11 acres, too. Lender must have thought they intended to mortgage both contiguous parcels so they filed a reformation claim to include the 11 acres, too. My client was in the midst of working out a deed-in-lieu on that 11 acres and it screwed everything up... took them nearly 6 months to figure out they made a mistake and drop their reformation claim.
The people searching these title need to be very cautious and clear becasue the foreclosure firms clearly do not understand title work... or much else for that matter.
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