Legal Question in Real Estate Law in Georgia

Conflicting property records & tax records

I purchased a forclosure last year knowing that the previous owner had subdivided the land that the house sits on in an attempt to only lose a small portion of his land in the forclosure (the house was on a 2 acre lot, and now has been split into 2 seperate lots-a small lot where the house sits of less than a quarter of an acre and the 1.8 acres he kept). I found out later that it was an illegal subdivision. I thought I was purchasing only the small lot w/ the house, but the county tax records indicate me as the owner of both parcels of land. I had a title search done on both parcels. The parcel that is the 1.8 acres pulls up the exact same records, including my warranty deed, as the title search on the parcel that I bought. I would like to keep the additional land since the subdivision left the house nonconforming to the city minimum lot size & set backs. Is it possible I did inheret that land when I bought the forclosure dispite his attemps to hold on to it? Do I go ahead and pay the tax bill that keeps coming in my name? If technically it's not mine is it my job to clear it up or should the burden fall on the previous owner to discover the glitch and figure out how fix it?


Asked on 11/15/07, 3:44 pm

3 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Conflicting property records & tax records

You should invest in a consultation with a real estate attorney who will be able to discuss your options with you, and take any actions that are required to secure your interests.

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Answered on 11/15/07, 4:57 pm
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Conflicting property records & tax records

You should invest in a consultation with a real estate attorney who will be able to discuss your options with you, and take any actions that are required to secure your interests.

Read more
Answered on 11/15/07, 4:57 pm
Robert Thompson J. Robert Thompson Attorney

Re: Conflicting property records & tax records

Your rights depend on what the security deed says, when the "subdivision" occurred, and what the foreclosure deed says. If the subdivision was after the deed to secure debt, and both the dsd and the foreclosure deed have a property description which includes the 2 acres, you own the 2 acres.

You should have a real estate attorney examine the records.

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Answered on 11/15/07, 6:50 pm


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