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#1 #1investor_cream

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Posted 18 September 2005 - 12:02 AM

Hello EveryOne,
I have a few Questions to ask because I'm in a complicated situaton.
How does one get rid of the CLOUD of an Open Permit?
We have contacted the Contractor that did the work, and they have copies that they faxed to me and the city of North Miami where it states that the job had a final inspection but in their computer of the city of North Miami it shows that the final inspection was not made.
The Head inspector recognizes that their inspector could have made a mistake but refuses to change the Documents and we have no CLUE on what else to do.
Any Advice would be very helpful..thanks for READING :D

REGARDS,

#1investor_c.r.e.a.m

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#2 Adam King (MI)

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Posted 18 September 2005 - 10:25 AM

I would think that the code enforcement officers are who you want to talk to. Look around and see if you can find a seasoned landlord in your area that knows someone personally. That always helps.
Regards,
Adam

#3 transactionsengineer

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Posted 18 September 2005 - 10:41 AM

Hello EveryOne,
I have a few Questions to ask because im in a complicated situaton.
How does one get rid of the CLOUD of an Open Permit?
We have contacted the Contractor that did the work, and they have copies that they faxed to me and the city of North Miami where it states that the job had a final inspection but in their computer of the city of North Miami it shows that the final inspection was not made.
The Head inspector recognizes that their inspector could have made a mistake but refuses to change the Documents and we have no CLUE on what else to do.
Any Advice would be very helpful..thanks for READING  :D

REGARDS,

#1investor_c.r.e.a.m

<{POST_SNAPBACK}>


The remedy usually for removing a cloud on a title is to bring a proceeding in court to firmly establish in law that you own the land.

If I were in your situation, I would bring a lawsuit against the City of North Miami's building department who handles inspections for the contractor work. I would prepare all the paperwork and have valid signatures by the contractors as proof that the work had a final inspection.

If you have a problem with the contractors or they refuse to participate because it is a legal action against the City, either get a subpoena packet or enjoin all the parties into the lawsuit so they all have to get lawyers but inform the judge that you are taking this action because the contractors would not cooperate.

In law school, the professor on negligence used to say, "When in doubt, sue everybody"

First, hire yourself a lawyer who will file a lawsuit against a government agency or do it yourself. Government in the USA do not have sovereign immunity so they can be sued. There is a plethora of law in support of the Pro Se Litigant.

Second, get all the proof and ask the contractors to appear in court as witnesses, get a subpoena packet or enjoin them to the lawsuit if the contractors will not cooperate. If you want to require a person to bring documents or other items, you will need a "subpoena duces tecum" (Latin for "bring with you under penalty").

Third on the day of court, bring the subpoenas with you. If someone does not show up, the court may have a bench warrant issued for arrest. (As a personal note, I would rather enjoin the parties so they would have to defend their actions because witnesses are sometimes incompetent and are not held liable for their actions)

If you have hired an attorney, the attorney would handle all this stuff for you.

Daniel Ng, JD/LL.B
Author of The Real Estate Investor's Guide to Pro Se Litigation.
Publication is not yet released but advanced marketing never hurts.

#4 MichaelC

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Posted 19 September 2005 - 08:03 AM

Hello EveryOne,
I have a few Questions to ask because I'm in a complicated situaton.
How does one get rid of the CLOUD of an Open Permit?
We have contacted the Contractor that did the work, and they have copies that they faxed to me and the city of North Miami where it states that the job had a final inspection but in their computer of the city of North Miami it shows that the final inspection was not made.
The Head inspector recognizes that their inspector could have made a mistake but refuses to change the Documents and we have no CLUE on what else to do.
Any Advice would be very helpful..thanks for READING  :D

REGARDS,

#1investor_c.r.e.a.m

<{POST_SNAPBACK}>

Have you had a face to face with the Inspector, or have you been dealing with him and his office via telephone? Showing up at his office with supporting documentation in hand, raising your voice if need be, threatening legal action, etc., will likely be more effective than a phone call. The squeaky wheel gets the oil.

#5 Craig

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Posted 19 September 2005 - 08:52 AM

In this high tech world you got to love computers...
Craig M Warner
Warner Properties Inc

#6 megabucks41

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Posted 20 September 2005 - 07:32 AM

Hello EveryOne,
I have a few Questions to ask because I'm in a complicated situaton.
How does one get rid of the CLOUD of an Open Permit?
We have contacted the Contractor that did the work, and they have copies that they faxed to me and the city of North Miami where it states that the job had a final inspection but in their computer of the city of North Miami it shows that the final inspection was not made.
The Head inspector recognizes that their inspector could have made a mistake but refuses to change the Documents and we have no CLUE on what else to do.
Any Advice would be very helpful..thanks for READING   :D

REGARDS,

#1investor_c.r.e.a.m

<{POST_SNAPBACK}>

Have you had a face to face with the Inspector, or have you been dealing with him and his office via telephone? Showing up at his office with supporting documentation in hand, raising your voice if need be, threatening legal action, etc., will likely be more effective than a phone call. The squeaky wheel gets the
oil.
Yes we have gone there in person told the head inspector what we were ready to do as far as legal action he said go right ahead, So I went over his head to his boss,she basiscally said the samething. Then I contacted the title company that closed on this property told the agent what was going on she did an investigation, then she contacted the roofing company and the city inspector and his boss, the title agent told me she faxed everyone all the information and said to me that all I had to do was go to the roofing company and get the orginal copies and take back to the inspection office.But the roofing company is not going to give me the orginals, only copies and everyone already has those copys via fax Well the storm is here and everything is closed down for now but as soon as everthing opens up againg, it's the first thing I'll do but I can't help the feeling that the answer is still going to be the same. So if it is then I have to deal with the title agent right. And if you are wondering why go through this troubble well I figure this is to small of a problem that some stubburn people don't want to admitt that there empolyee just mess up, plus there is $20,000 at stake

<{POST_SNAPBACK}>


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#7 transactionsengineer

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Posted 20 September 2005 - 10:52 AM

Yes we have gone there in person told the head inspector what we were ready to do as far as legal action he said go right ahead, So I went over his head to his boss,she basiscally said the samething. Then I contacted the title company that closed on this property told the agent what was going on she did an investigation, then she contacted the roofing company and the city inspector and his boss, the title agent told me she faxed everyone all the information and said to me that all I had to do was go to the roofing company and get the orginal copies and take back to the inspection office.But the roofing company is not going to give me the orginals, only copies and everyone already has those copys via fax Well the storm is here and everything is closed down for now but as soon as everthing opens up againg, it's the first thing I'll do but I can't help the feeling that the answer is still going to be the same. So if it is then I have to deal with the title agent right. And if you are wondering why go through this troubble well I figure this is to small of a problem that some stubburn people don't want to admitt that there empolyee just mess up, plus there is $20,000 at stake


Since you have $20,000 at stake, I would like to reiterate what my professor on negligence repeatedly stated in class, "When in doubt, sue everybody".

The remedy usually for removing a cloud on a title is to bring a proceeding in court to firmly establish in law. Only the establishment in law will give you the peace of mind that you seek.

Read my previous message on this topic.

Daniel Ng, JD/LL.B
Author of The Real Estate Investor's Guide to Pro Se Litigation.
Publication is not yet released but advanced marketing never hurts.

#8 <Steve>

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Posted 20 September 2005 - 11:03 AM

Hey #1investor_cream

This isn't as unusual as it may seem. I had a swimming pool installed and had the county building official-inspector out to the house many times during construction. 6 months later, I received a letter from the building permit and inspcetions dept. that I had not had my final inspection.

What? ;) Didn't the contractor complete this? The contractor pulled the permit and the tax Assessor didn't mis a beat increasing those property taxes.

So, I had them come back out and do yet another final inspection. After a small fix to a fence gate, I had the paper work that stated "PASS." So, I put it in the file all done. :o

Well, wouldn't you know another six months later I receive another letter stating that my construction permit was to expire and I was to be fined for not having a final inspection completed. sheesh! :D

Well, I pulled out that paper work that said Final Inspection "PASS," made a copy, took a red pen and circled the "PASS" word and mailed it back. Later I received a letter back and it was finally settled.

Steve

Just a kid living the dream


#9 transactionsengineer

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Posted 20 September 2005 - 02:36 PM

Steve,

The situation here is a bit more complex and requires the cooperation of the construction company. Your situation is simple and therefore do not need to resolve it in the presence of a judge. In my opinion, this situation needs to be addressed by a court ruling to provide proper title.


Daniel

#10 Frank (OH)

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Posted 20 September 2005 - 02:54 PM

Author of The Real Estate Investor's Guide to Pro Se Litigation.
Publication is not yet released but advanced marketing never hurts.

<{POST_SNAPBACK}>

Dan,
Tell us a little about your project !!

Frank

#11 transactionsengineer

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Posted 20 September 2005 - 07:12 PM

Author of The Real Estate Investor's Guide to Pro Se Litigation.
Publication is not yet released but advanced marketing never hurts.

<{POST_SNAPBACK}>

Dan,
Tell us a little about your project !!

Frank

<{POST_SNAPBACK}>


With respect to MichaelC and his intention with this site, this is not the place to tell everyone about my soon to be released publication. I will send you a PM about it so we can continue to deal with individual situations in this category.

Daniel

#12 <Steve>

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Posted 20 September 2005 - 09:19 PM

With respect to the Naked Investor, MC and everyone on the board...

"When in doubt, sue everybody".

Dan,
In my opinion I think you are over the edge. You gave me similar advise with a recent tax issue that was resolved with a simple 5 minute phone call.

Being an Architect and dealing daily with construction firms, building officials, permits, attorneys, insurance companies, state and local government representatives, I can assure you this "Sue" technique will not resolve the issue quickly or easily.

I think your reply is a knee jerk reaction and advise I would not follow.

Steve

Just a kid living the dream


#13 #1investor_cream

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Posted 20 September 2005 - 10:21 PM

Salutations,
So are you willing to take the case? Daniel. LoL :o
What kind of Real-Estate attorney should i be looking for?
Who should i sue? The Title Agency or the city of North Miami

When i contacted the Title Agent, She said that we had a clean Title.
the property has Title insurance. How does the title insurance help us?
How does the title insurance work? The title insurance policy is for 134k how does this work?
Thanks.

C.R.E.A.M
:D

Erik Collazo

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collazoerik@gmail.com


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#14 transactionsengineer

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Posted 21 September 2005 - 01:19 AM

So are you willing to take the case? Daniel.    LoL  :D

Funny. Doesn't pay enough to allow me to become directly involved.

When i contacted the Title Agent, She said that we had a clean Title.
the property has Title insurance. How does the title insurance help us?
How does the title insurance work? The title insurance policy is for 134k how does this work?


How Title Insurance Works
First let us deal with how title insurance works. Title insurance is a contract given to you and your lender to indemnify against losses arising through defects in the title to the property. That means the chain of ownership on the property is accurate as stated in the title, and all liens, if any, have been satisfied and removed from the title. From the title search, the title examiner will produce an opinion of title, from which insurance will later be issued.

Title insurance protects you against hazards of the past, unlike other forms of insurance, which protects you against future events. Title insurance is also a requirement by your lender. You cannot purchase a home and take out a mortgage on the property and not purchase title insurance.

You will receive an Owner's Policy in the amount of the purchase price and this policy will insure the title to the property for as long as you or your heirs own the property.

Your lender will receive a Lender's Policy to protect them for their security interest in the property (the mortgage they give to you). Your lender will receive a policy in the amount of the mortgage loan.

I have underlined the main reason why your title company is informing you that your title is clean. You paid a title insurance premium at closing to receive insurance to protect from hazards of the past.

Who should i sue? The Title Agency or the city of North Miami


Who to Sue and Why?
Second let's deal with which parties you should bring a lawsuit. From the parties that you have identified in a previous posting, I would bring a lawsuit against the construction company or a "subpoena duces tecum" (Latin for "bring with you under penalty") so the construction company is required to bring the original documentation to court. I would bring a lawsuit against the City of North Miami because the head inspector was unwilling to make the necessary corrections. I would also attach a prejudgment attachment on the assets of both the construction company and the City of North Miami. There are laws in all states on prejudgment attachments to seek out and freeze assets.

In addition to all this, I would make a motion to prevent the construction company from destroying evidence and make available to the court the copies of the documents previously sent.

What kind of Real-Estate attorney should i be looking for?


Seeking a Legal Professional

If I needed to seek a legal professional, I would look to directories that rate the performance of the legal professional. In this situation, I would want someone that is a certified real estate attorney and has litigation experience. Here is a suggestion: Martindale Directory


Daniel Ng, JD/LL.B
Author of The Real Estate Investor's Guide to Pro Se Litigation.
As a Pro Se Litigant, I've learned a few tricks here and there. Others think I don't play fair but the law allows it.

#15 megabucks41

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Posted 21 September 2005 - 08:44 PM

on behalf of my son investor#1 and myself I would like to thank all of you for the support and information that you have provided us with it was most helpful, THANK YOU ALL!! :lol:
MC your advice never fails. I left work early today ditry as heck dressed in my work clothes right to the roofing company picked up a copy of all the paper worked they had on this case and I went right to the No. Miami zoning Dept. and I sat right in front of the head inspector office I provided all of the doc's that I had and after about 30min. of arguement, my last word were I am not leaving this office untill you fix this or you leave me no other choice then to take you to court. Then I picked up my cell and dialed the number to my title agent but I guess he must of thought that it was my attorney when he said look perhaps I could find some else that worked on this case back in the time. Wow, that's great I said; and lord and behold he did after about 45min this other inspector comes in introduces himself and says I remember this case and the person who worked it with me, I just finished closing all the doc's here is your copy good luck and have a geat day!
;) wow we flew home call the buyer and on Friday we will close. Man what a feeling

So once again thank you all.
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