Legal Question in Real Estate Law in Georgia
I purchased a home from Fannie Mae. They used an incorrect property ID number and sold me the empty lot across the street. The closing attorneys did a bad title search and 3 years later went to the original Builder and had him sign a Quit Claim deed, grantor to grantee. I purchased from Fannie Mae not Ezekiel Construction. Fannie Mae never did a proper foreclosure on the home I'm living in. Is the Quit Claim deed voidable? The Special Security Deed is definetly voided because the property description is incorrect.
2 Answers from Attorneys
The closing attorneys represent the lender, not you.
Any buyer should obtain before closing their own title search and an OWNERS title insurance policy (the one the lender gets does NOT protect you even though you pay for it). If you did that, you simply call your insurer and they fix it or pay you.
If you made the disaterous mistake of not spending a couple hundred dollars, you will need to hire a real estate litigation lawyer, which will be very costly.
You don't have a choice but to get a lawyer to do a title search and try to fix the mistakes. You should have had a real estate lawyer the instant you first found out there was a problem with your house (for most people, their biggest investment). It is certainly not an issue for an internet website where we don't have the documents, we don't know the title history, you could not fix it yourself if we did have this information, and you would not want to rely on that anyway. If you have your own title insurance (and you should have it), contact them ASAP and hope they can fix it and don't deny coverage because of a failure to notify them earlier.
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