CONDEMNATION PACKETS CONDEMNATION PACKETS How to Make Your L oc - - PowerPoint PPT Presentation
CONDEMNATION PACKETS CONDEMNATION PACKETS How to Make Your L oc al Condemnation Attor ney Happy By L o rra ine Ne e le y, Atto rne y, Distric t 12 And Pa m Cla y-Yo ung , Atto rne y, Distric t 7 Na me a nd addre ss o f pro pe rty o
How to Make Your L
Condemnation Attor ney Happy
By L
And Pa m Cla y-Yo ung , Atto rne y, Distric t 7
his is the ir PHYSI CAL a ddre ss.
a c c ura te a nd up-to -da te . No o ne wa nts to be c a lle d Mr. a nd Mrs. Ring , whe n the ir na me is Mr. & Mrs. Be ll.
shown in deed.
as the name as on prior (source) deed
the previous name AND current name with an A/K/A .
included
…. Remember no one actually lives IN their PO Box, so the Sheriff won’t even think to look there when serving the subpoena.
divorced, remarried, both wives living,
REPEAT, do not assume these are the same two people!! This can be a very sensitive situation….you need to verify the names during negotiations.
Keep in mind, we need, JUST THE FACTS, ma’am, No gossip.
with an interest in the property at the very beginning to prevent
unnecessary unnecessary
delay.
In the event owners have two homes give have two homes give address of both - address of both - i.e. i.e. reside residence nce and vacation and vacation home. home.
Total Taking v. Partial Taking
Type of taking
– Fee simple Fee simple – Permanen Permanent Easemen t Easement – Temporary Easement Temporary Easement
taking (I.e., permanent or temporary easement, a part of the total ownership rights)? The way to show the taking is by inserting “being a portion of” for the partial taking or “being all of” or “being all
it limited access, access by permit, or access as shown on the plans? SPECIFY!!!!!
Provide electronic copy of legal description of electronic copy of legal description of
conve converted to WORD so that we have an exact ted to WORD so that we have an exact description that is compatible with our office description that is compatible with our office computers computers.
Provide the information showing how much the information showing how much land is being taken and type of taking as well as land is being taken and type of taking as well as the source of title in the electronic copy of the the source of title in the electronic copy of the legal description. legal description.
– NOTE no deed should reflect the NOTE no deed should reflect the land is being taken land is being taken for right of way. for right of way. That means it is taken in fee simple. That means it is taken in fee simple.
Plan sheets are not colored correctly
Not enough plan sheets provided- plan sheets provided- a good good way way to remember how to count the to remember how to count the numbers is by: numbers is by:
– always always giving one copy to the attorney file giving one copy to the attorney file, , – one copy for the Court file,
– one copy for each
Defendant (including husbands and wives, each lien-holde husbands and wives, each lien-holder, – each additional party asserting an intere each additional party asserting an interest, st,
– and an extra copy for the Commissione and an extra copy for the Commissioners rs
this has been requested in a few counties so we few counties so we just made it a just made it a policy to policy to always provide an extra always provide an extra copy for the copy for the other Courts)
– Always check the boundaries - Always check the boundaries -
if the property owner is questioning the property owner is questioning the correctness of the boundaries that correctness of the boundaries that we have we have provided on the provided on the plan place this information in plan place this information in packet with a packet with a red red flag or something to bring it to flag or something to bring it to
the onset
– Make sure the taking is consistent on all Make sure the taking is consistent on all documen documents, draft deed, plan sheets, appraisal, s, draft deed, plan sheets, appraisal,
Complete copies of all deeds, mortgages, easements, Complete copies of all deeds, mortgages, easements, leases, etc., referenced in the leases, etc., referenced in the title reports must be title reports must be included included
this is probably the duty of the title attorney but the report as as well as well as all above instruments must be all above instruments must be included in the included in the packet). packet). If not you, If not you, then who?! then who?!
Names and Addresses of all persons having an intere interest in the property. st in the property. Spe Specify the type of ify the type of interest each person has. interest each person has.
Specify marital status of each person.
Take care to include ALL information about the corporate interest holder, especially LLCs. corporate interest holder, especially LLCs.
Make sure the right title is included and it matches the source matches the source of title that you are
providing. providing.
Investigate mortgages, easements, taxes, not just simply by verifying the information with the simply by verifying the information with the property owner, but check the information at an property owner, but check the information at an
If the owner is an LLC, you will always need the Articles of Organization. Articles of Organization. The LLC may also have The LLC may also have an Operating Agreement. an Operating Agreement. If it does, include a If it does, include a complete copy of that also. complete copy of that also.
Incomplete name of mortgage holders or lessees
Incomplete or no copy of mortgage or lease
Mortgage holders that are no longer in existence (either by are no longer in existence (either by merger, successor, etc.) and merger, successor, etc.) and new mortgage holder not new mortgage holder not given. given.
– MERS is MERS is not enough not enough
Current address not given for mortgage holders
Agent for service of process for the mortgage holder not mortgage holder not given given
Must give correct information regarding whether the give correct information regarding whether the mortgage is active or not and what date it was last checked mortgage is active or not and what date it was last checked which should have which should have been a been a week before you turned in the week before you turned in the packet. packet.
Incorrect name, existence and/or existence and/or address of address of corporation is not corporation is not verified verified
Articles of Organization Organization and/o and/or Operating Operating Agreements not Agreements not included for LLC included for LLC
Incorrect or no data regarding pending regarding pending lawsuits lawsuits
– make sure Lis Pendens make sure Lis Pendens are still active and when are still active and when this informatio this information was n was last checked last checked
Check whether and when tax data was last when tax data was last reviewed and whether reviewed and whether taxes due taxes due is still active is still active.
Get a copy of all releases or mark lien as releases or mark lien as does not apply. does not apply.
Let us know if Lis Pendens Pendens is still active is still active.
Check and verify everything! everything!
Suggestion - Use a Use a checklist with your title checklist with your title report. report.
If the owner has the owner has been declared le been declared legally incomp gally incompetent, include a etent, include a cop copy y
Order Appointing Guardian ng Guardian
If the owner appears to the owner appears to be be deficient and deficient and unable to unable to understand, note understand, note that in the packet that in the packet. . HIGHLIGHT IT HIGHLIGHT IT
If the owner has the owner has been divorced si been divorced since first acquiring the property, nce first acquiring the property, include include a copy of the a copy of the divorce divorce de decree that adopts the property cree that adopts the property settlement settlement AND a copy of the AND a copy of the property property settlement. settlement.
If the original owner died, make sure we have a date of death and date of death and ALL probate information affecting the property ownership ALL probate information affecting the property ownership
Make sure the appraisal is included and and consistent with the other consistent with the other data data – (For (For example, if the case example, if the case includes surface and includes surface and mineral have both mineral have both appraisals included - appraisals included - be sure appraisal has correct name, parcel e sure appraisal has correct name, parcel number number and source and source of title,
etc.).
Go through a checklist checklist to:
– verify title facts
verify title facts – owners correct names or
note additional parties note additional parties that could not be that could not be identi identified fied – correct ad correct addresses dresses – lien-holders correct lien-holders correct names and correct names and correct ad addresses of dresses of all p all persons rsons having an having an interest in the interest in the property. property. flag flag pertin pertinen ent t information that information that may cause some may cause some trouble or trouble or information that is information that is peculiar, make sure peculiar, make sure the amounts of the amounts of your offer and type your offer and type
is consistent consistent throughout the throughout the pack packet. et.
– voting records; phone books; Court records such voting records; phone books; Court records such as probate, deeds, affidavits, Secretary of State for as probate, deeds, affidavits, Secretary of State for corporations, limited corporation, professional corporations, limited corporation, professional service service corporations, limited partnerships, corporations, limited partnerships, etc.;vital statistics; interne etc.;vital statistics; internet; previous mail, ; previous mail, previous contacts by prior right of way work- previous contacts by prior right of way work- (sometimes even with you cemetery relocation sometimes even with you cemetery relocation person person), information from neighbors and friends , information from neighbors and friends
To Find Official Records:
complete listing)
To Find People
Check and verify Check and verify EVERYTHIN EVERYTHING
Check it again Check it again
Satisfaction of a job well done
Accolades from your local condemnation attorney, even when you aren’t around attorney, even when you aren’t around
Timely right of entry for the entity paying you to do this work. you to do this work. --
think about that