Foreclosed by Neighbor’s Bank

Our client contacted our office, bringing a notice of foreclosure served upon them. The interesting part of this story is that These clients owned their house free and clear and did not have a mortgage.

The story of a bad legal description.

Prior to our client purchasing the property, it and the adjoining lot had been one large parcel. The original owner had the parcel split into two lots and sold one of the lots to our client. Our client then built their home on the new lot and moved into their dream home. Meanwhile, the original owner refinanced the remaining lot and house on it.

Several years later the original owner has financial difficulty and is unable to pay the mortgage. The bank forecloses on the property listed in the legal description attached to the recorded mortgage. Unfortunately the bank has attached the old, pre lot split, legal description to the mortgage and therefore believed that they could foreclose on both houses.

How our office assisted our clients.

Our office was able to determine that the bank had originally attempted to record the mortgage without a proper legal description. Once they realized their omission, someone at the Bank went online and downloaded the legal description for the last deed of record for the address, which was, of course, the legal description for the original un-split lot. Ultimately our office was able to terminate the foreclosure and win our clients a settlement for their costs in fighting the unjust foreclosure as well as an award for their time and distress. 

Safeguarding Our Clients

If you’re looking for an attorney to help protect your rights under the real estate law that applies in Cincinnati or the surrounding areas, Robertson & Associates of Ohio is just a call away. To discuss your transaction with an attorney, contact our office.