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 wne r(s). T his is the ir PHYSI CAL a ddre ss. • Na me s a nd Addre sse s must be 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.

What you are about to see is REAL….. What you are about to see is REAL….. the names have not been changed to the names have not been changed to protect the innocent. protect the innocent.

• Incorrect/incomplete Name: not listed as shown in deed. • Wrong owner given. • Name on the prepared deed is not the same as the name as on prior (source) deed • If it is the same person, and make sure it is, use both the previous name AND current name with an A/K/A . • Wrong spouse name given: misspelled name of spouse or wrong person given

• Marital Status not given: spouse not always included • Incorrect or old address given for property owner(s) • No physical address when there is a P.O. Box no. …. Remember no one actually lives IN their PO Box, so the Sheriff won’t even think to look there when serving the subpoena.

• An example being: One husband, divorced, remarried, both wives living, one wife’s name is Gwendolyn, the other is simply Lynn, DO NOT, I 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.

• AND ALWAYS, Keep in mind, we need, JUST THE FACTS, ma’am, No gossip. • Provide ALL people with an interest in the property at the very beginning to prevent unnecessary unnecessary delay.

• In the event owners 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.

SHOW HOW PROPERTY IS TO SHOW HOW PROPERTY IS TO BE TAKEN BE TAKEN • Total Taking v. Partial Taking Total Taking v. Partial Taking • Type of taking Type of taking – Fee simple Fee simple – Permanen Permanent Easemen t Easement – Temporary Easement Temporary Easement

What are we taking….hm…...? What are we taking….hm…...? • Provide correct information. Is this a total take of ownership rights (fee simple taking) OR a partial 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 of the same property conveyed to …..” • What kind of access is allowed on the property? Is it limited access, access by permit, or access as shown on the plans? SPECIFY!!!!!

DESCRIPTION OF PROPERTY DESCRIPTION OF PROPERTY • Provide Provide electronic copy of legal description of electronic copy of legal description of property. Be sure that the electronic copy is property. Be sure that the electronic copy is 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 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 Plan sheets are not colored correctly • Not enough 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 the Court file, – one copy for each one copy for each Defendant (including 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 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) other Courts) – Always check the boundaries - Always check the boundaries - • if the if the property owner is questioning the property owner is questioning the correctness of the boundaries that we have correctness of the boundaries that 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 our knowledge at our knowledge at the onset 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, etc. throughout the packet. etc. throughout the packet.

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 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 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. Specify marital status of each person. • Take care to include ALL information about the 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 Make sure the right title is included and it matches the source matches the source of title that you are of title that you are providing. providing. • Investigate mortgages, easements, taxes, not just 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 official source. official source. • If the owner is an LLC, you will always need the 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 name of mortgage holders or lessees • Incomplete or no copy of mortgage or lease Incomplete or no copy of mortgage or lease • Mortgage holders that 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 Current address not given for mortgage holders • Agent for service of process for the Agent for service of process for the mortgage holder not mortgage holder not given given • Must 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 or no data Incorrect or no data • Incorrect name, Incorrect name, regarding pending regarding pending existence and/or existence and/or lawsuits lawsuits address of address of – make sure Lis Pendens make sure Lis Pendens corporation is not corporation is not are still active and when are still active and when verified verified this information was this informatio n was • Articles of Articles of last checked last checked Organization Organization • Check whether and Check whether and and/or Operating and/o Operating when tax data was last when tax data was last Agreements not Agreements not reviewed and whether reviewed and whether included for LLC included for LLC taxes due taxes due is still active is still active.