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The driveway crosses how many properties? How do we fix it?

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

There is this house.... that my office has "experience" and "history" in making it happen that first time.   I do not know who owned the house or who had the house listed when Lane Realty first clients purchased it, but they called one of my agents some time back in the 90s when they were ready to sell.  It was a charming house on a point lot in a convenient location with a view that was going to be a challenge to sell.  We priced the home and what the comps suggested and set forth our marketing.

Actually it took a relatively short time to find a buyer.  That's when the problems began.  The title search turned up a nightmare.  The driveway to this house crossed, not 1, not 2, not 3, but 4 other lots to get from the county road to the property.  No easement was recorded.  The 4 pieces of property were owned by 4 different owners and all 4 were mortgaged.  Did you know if a property was mortgaged the lender has to sign a release in order for the owner to sign an easement.  Two owners were local, I got the owners and their lenders to sign the easement.  Then the hard part.  We got owners #3 to sign, but she had a national big bank lender and even locating someone who could sign was difficult. 

One of my agents and I spent hours on the phone talking to people until we finally got a VP branch manager who was authorized to sign the release form.  We had to drive two hours to get it signed, but we were facing a closing deadline that mean we needed the document that day, not two days later if we had overnighted.  Plus when you overnight something to a big bank you can't depend on them getting it signed and back out that day even if they say they will.  We finally got the 4th and last owner signature and until two days before the closing we had been unaware there was a mortgage on that house.  The mortgage was not taken at purchase, but an equity line at a later date.  Oooops.  The attorney popped his head in my office and and let us know we needed one more bank signature.  I said, "we'll get it by Friday."  It was Wednesday afternoon.  He laughed and shook his head at me.  

So the next day on a Thursday the listing agent and I took off to that bank.  We didn't get their until right around noon.  Who knew the bank closed at noon on a Thursday.  The drive through was still open and I slowly and carefully explained to the girl that I needed an officer of the bank with access to the corporate seal to sign the document.  Small town America, she called the bank President at home and he drove back to the bank and signed the document for us.  One last step.... it had to be recorded.  This process also usually takes days. But in small town America when you know the people in the clerk's office they will work that miracle for you.  

And did I mention that the attorney who had closed it for our sellers that time back in the 90s had KNOWN about the driveway and seen the survey and closed the deal.  So I bullied that attorney to do all the legal documents for FREE.... didn't cost our sellers one dime.  So we walked into the attorneys office, you know that one that laughed when I said we'd get it done and close on time... and we closed... on time.  I can't say that I love deals to be challenging, because I really LOVE easy deals.  But I will say, that if it can be done... I'm gonna do it.  I always give my buyer and seller clients my best effort.  And I don't NOT do something just because it's not in my job description..

So to save the deal... I  convinced the past closing attorney to do work she had failed to do, I drove far and wide for signatures of 4 owners and 4 banks and got all the signatures and last, but not least I walked in got my documents (survey, easement, permissions) recorded and stamped and walked out with them to take to the closing attorney to show they had all been recorded.  Like I said before, I prefer easy deals, but they are not always easy, so I face every obstacle as a personal challenge I must overcome.  And because we jumped through all those hoops when that seller was selling to  that buyer...  we also again sold the house to the next person.  He lived there until his health would no longer let him live alone.  We listed and sold to the next buyer.  Their family loved the lake so much they needed a larger lake house so we listed and sold it again.  Those buyers still live there and when they needed more room they built up.  Every time I drive across the lake I glance over and smile at that house.  Our... we will not give up efforts were certainly rewarded.  

Posted by

706-485-9668  us on facebook

Tammy@Lake-Sinclair.com

(Click on Lane Realty Logo for web site)

Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

Real Estate Instructor License # 355089

Call me today for all your Lake Sinclair real estate needs.

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Eric Michael
Remerica Integrity, Realtors®, Northville, MI - Livonia, MI
Metro Detroit Real Estate Professional 734.564.1519

Tammy, that scenario made my heard hurt thinking about taking care of everything in such a short window of time. Great job pulling it thru for your clients!

May 17, 2012 08:32 AM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Tammy - Wow, what a story and a fantastic ending!  Congrats, the buyers were lucky to be working with your brokerage who moved mountains to get the deal done.

May 17, 2012 11:56 AM
Kevin O'Rourke - Keller Williams Miami Beach Realtor
Keller Williams Miami Beach Realty - Miami Beach, FL
CDPE Miami Short Sale Agent 305-520-9436
Tammy, dont those challenges make you appreciate the easy ones even more! Sounds like nothing would faze you after that deal. I admire your tenacity.
May 17, 2012 12:05 PM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

Wow! I am giving you a standing ovation! You are clearly NOT afraid to work HARD! Great job!

May 17, 2012 01:23 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Thanks Joni and I'm not.  Just spent 6 hours fixing the wiring the cable guy screwed up today.   LOL

Kevin- oh yes, I do love an easy one.  Have day they are few and far between though.

Michelle- I remember those first buyers so well.  The wife just cried when she found out. 

Erica- it's also likely a driveway wouldn't be allowed to cross 4 lots in a city with better zoning I bet.

Eric- yes, it was a headache.  :) 

May 17, 2012 01:54 PM
Anonymous
Kunni Biener, Esq

Shame on the prior attorney.  At the very least, that information should have been pointed out - in writing- to your seller at the time of their purchase (lenders were more liberal back then about such things) and the seller should have been advised that an easement would be a good thing.  I spend too much of my time cleaning up after other attorneys/title companies that care only about the closing, not all the details that make a closing.  Thank you for doing so much extra work.

May 18, 2012 12:32 AM
#28
Anonymous
Anonymous

I always say when you're fearless you can accomplish almost anything with determination and hard work.

May 18, 2012 12:33 AM
#29
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions
 

I always say when you're fearless you can accomplish almost anything with determination and hard work.

May 18, 2012 12:34 AM
Brian Schulte
Allison James Estates & Homes - Sierra Vista, AZ
SFR, Sierra Vista, AZ

Once you got me started I could not stop.  Well written n Keep Smilin'

May 18, 2012 01:28 AM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Hi Tammy, what an amazing story and a true testament to your determination and perseverance for your clients. Kudos!

May 18, 2012 01:38 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Kunni- like I said I'm not going to speak ill of the dead.

Kimo- very true statement.

Brian- thank you

Sandy- I really care about my clients.

May 18, 2012 01:56 AM
Jeanne Dufort
Coldwell Banker Lake Country - Madison, GA
Madison and Lake Oconee GA

Tammy - you and I are kindred spirits!  I spent last Wednesday driving from Madison to my sellers office near the Atlanta airport to an assisted living facility in Blairsville back to the title office in Hapeville and on to downtown Atlanta.  My mission, resolve a title issue with the 1983 doublewide that was part of a lakehouse due to close on Thursday.  The Atlanta closing attorney has estimated 4-6 weeks to accomplish what I got done in a single day... and there were smiles all around when we closed on time the next day.  Whatever it takes!

May 18, 2012 03:19 AM
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

One thing I notice about your story and all the stories in the contest so far, is the deals couldn't have been saved if the agent was so busy they didn't have the time to pop into a phone booth and change into their super(wo)man outfit. One more reason for people to work with agents that only take a reasonable number of clients.

May 18, 2012 05:22 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

LOL! Just another tipical day in our world of Curative Title Solutions for Manufactured Homes.

May 18, 2012 06:33 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Jeanne- ph yes, got that t-shirt too.  UGH.

Joetta- many times in my office we share in helping when these problems come up with clients.  We're a small office and like family and always have each other's backs.

John- yes, done that a few times too.

May 18, 2012 08:57 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Great job Tammy, Rewards come to those who keep trying and trying and trying.

I am glad it worked out so well for you.

May 18, 2012 01:24 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Not sure of all the legal details, but I think in California just by using it this long they would have established a legal easement.

May 18, 2012 02:36 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Your story reminded me SO much of my days in real estate. Working in a rural area where people took it upon themselves to sell property without the aid of an attorney can present some real challenges. The legal descriptions alone can leave you pulling hair.

And then there was the property that was sold on time payments and the sellers (a long-ago dissolved corporation) merely mailed the deed to the buyers when it was paid off rather than having it recorded. We had many parcels that fell into that category.

May 18, 2012 04:19 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Tammy, you certainly went way beyond the call of duty.  Congratulations!

May 18, 2012 10:17 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Great job Tammy & you showed great iniative. You are right, how did all that get past the attorney that didn't do it right years ago? 

May 19, 2012 02:16 AM