affidavit filed wrong at courthouse - Posted by michaela-ATL

Posted by Jim FL on October 06, 2003 at 14:48:02:

Makes more sense now, thanks.
I really do wish you luck with all your endeavors, and just wanted to say, “I get it”, in regards to your post about giving out details.
Many of us here, you included, share a ton of FREE info, and I’m sure get bombarded with private e-mail questions and comments.
Me, I just respond telling folks to ask me on the board here or where ever they saw me in the first place.
By responding online, more folks benefit.

I also tell them that my private e-mail is reserved for those who pay me for discussion/advice.
Usually works like a charm, they either pay, or post online somewhere.
Either way works for me.

Take care, and good luck with your deal,
Jim FL

affidavit filed wrong at courthouse - Posted by michaela-ATL

Posted by michaela-ATL on October 01, 2003 at 17:28:10:

Last year I got a contract on 1/2 a lot by an heir. I filed an affidavit/Memorandum,(rush-recorded) that I had a contract, while I was trying to find the owner of the other half. When I did, suddenly the first person, who signed the contract, was unwilling to go through with it.

Anyway, I later found out, that she went ahead and signed a quitclaimdeed to someone else in the meantime. I figured I’d just sit back, since I had a cloud on the title, and eventually they would pay me off to go away.

I looked at the courthouse today and found out, that the buyer got QCD for both halves and proceeded to sell the lot to a builder.

Here’s the thing, when I search under the address or the seller, my affidavit doesn’t show up. It will only come up, if I search under my name. I did put the property address and the seller’s name on it, so, I would think they should have recorde3d it that way.

What good is it that way? Isn’t the whole purpose of filing one of those, to put a cloud on a particular property? How would a title company find it, if it wasn’t cross-referenced to the property?

Do I still have a claim or am I just s…t out of luck?

Anybody have experience with something like that?


Re: affidavit filed wrong at courthouse - Posted by Brad (CA)

Posted by Brad (CA) on October 02, 2003 at 23:24:09:

I had an interesting experience the other day with trying to record a memorandum/affidavit. They wouldnt do it! They told me it doesnt have an action clause, and that they now require an action clause. Hmmm

Thought I’d share since its kinda on topic.

Exhibit A… - Posted by JT-IN

Posted by JT-IN on October 01, 2003 at 21:40:27:

Did you attach an Exhibit A… Legal Description to the Affidavit…?

This could be the problem… Always when recording anything to do with a specific property, it is advised to attach the legal. Also advised is to have a Title Co (and even more specific, a RE Atty) do your recording. This way you may have recourse, instead of self practicing, in which case all errors fall back to YOU… It costs a little more to have it done by legal counsel, but then maybe not if it precludes a misfiling without any recourse.

Just the way that I view things…


Re: affidavit filed wrong at courthouse - Posted by Jim FL

Posted by Jim FL on October 01, 2003 at 19:13:05:

A good question for a decent local attorney to look over.
Sadly, these things do happen.
Hence the reason when I now use something to record against a property, it is a lein, not just a cloud.
I’ve had folks close right around my cloud before, hurts.
I’d weigh the benefits versus cost of getting relief.
Obviously investigate to see what recourse you would have.

The main issue as I see it, based on your post, is that you did not have the other party on title signed off on the deal, so it might not be valid anyway.

The place to go would be a title attorney in my opinion, and if they think you have a claim, then the title insurance company that closed the deal for the builder perhaps?
If no title insurance, then a lawsuit would be needed.
That is about the time I’d cut my losses, since money is not made sitting waiting for a case to resolve.

Good luck, sounds interesting,
Jim FL

P.S. There might be a statuatory form for affidavit and memo’s for your locale, hence the reason yours, which might not have been one, was recorded incorrectly.
Also, was the legal description for the property on the memo?
That would need to be there to be valid, in most places I know.

Re: affidavit filed wrong at courthouse - Posted by Nate(DC)

Posted by Nate(DC) on October 06, 2003 at 01:12:07:


Recently DC has opened the ability to search recorder’s documents online for the general public. It costs money if you need to print a copy of the document, but you can get an index/abstract (e.g. deed from ____ to ____ filed on ____ date) for free.

So I’ve been doing some title searches on properties, and discovered exactly what you said: frequently a “cloud” document will simply be ignored and closed over, and nothing further happens.

If one has a valid claim to the property there is no reason not to record a lien or at least a lis pendens if in the process of filing suit.


Re: affidavit filed wrong at courthouse - Posted by IB (NJ)

Posted by IB (NJ) on October 01, 2003 at 21:18:06:

Hi Jim. Could you explain this statement?

“Hence the reason when I now use something to record against a property, it is a lein, not just a cloud.”

Are you saying that you record the contract as a lien and not just a cloud? As you can see, I’m a little confused. Thanks.

Re: affidavit filed wrong at courthouse - Posted by Jim FL

Posted by Jim FL on October 01, 2003 at 22:38:43:

A performance mortgage can be recorded to secure performance of any kind of agreement.
The most wonderful document ever invented.
I thank publicly William Bronchick for sparking my interest in their use, and the reason I went forward to get them put into action, within my own plans.
A nice little tool in my opinion.

With this, you can foreclose to protect your position in an agreement.
Doesn’t seem it would have helped here, since the original poster seemed to indicate she only had the signature of one person, when two were on title.
I’m not sure if one person can encumber a property, without written direction, from a second party also owning it?
Hence the referal to lawyers, thats what they get paid to check out.

Take care,
Jim FL

Re: affidavit filed wrong at courthouse - Posted by michaela-ATL

Posted by michaela-ATL on October 06, 2003 at 08:05:14:


just for your info: The property was already quitclaimed in the 70’s to 2 sisters, who are both dead. The property halves were already split, when 1 of the sisters made a will and willed her half to a cousin. I would think, that at that point separate agreements for each ‘half’ were in order. That’s also how the buyer bought them. Separate quitclaims