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I have "heard" a figure of somewhere around 20 years for a tax auction purchased lot to be "sellable," ie, title insurance available. There are companies that for a fee will clear the aforementioned sourness of the lot through a process called "quieting title," after which there will be a title company that will offer title insurance for a sale.
Mine was the same deal, previous owners died and after 5 years of no tax payments, it went up for sale. I just went after it because it was adjacent to a lot I already owned through a regular purchase.
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https://www.realtor.com/news/trends/mark...iian-home/
https://www.theverge.com/2017/1/27/14416...cilla-chan
I forgot how exactly the dots connected Suckaturd to the title companies pivoting away from accepting quiet title lawsuits, I also don't know if it's still the case. I had heard the 20 year figure before. I think because 20 years is considered a "generation" and if a generation passes without somebody coming forth and staking claim to an old deed the title companies are more likely to accept the risk.
About a year ago I emailed the title companies with a physical presence in Hawaii and at the time none of them offered title insurance on a tax auction purchase. One of them used the term "no longer" if I recall correctly.
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(03-28-2024, 07:22 PM)terracore Wrote: https://www.realtor.com/news/trends/mark...iian-home/
https://www.theverge.com/2017/1/27/14416...cilla-chan
I forgot how exactly the dots connected Suckaturd to the title companies pivoting away from accepting quiet title lawsuits, I also don't know if it's still the case. I had heard the 20 year figure before. I think because 20 years is considered a "generation" and if a generation passes without somebody coming forth and staking claim to an old deed the title companies are more likely to accept the risk.
About a year ago I emailed the title companies with a physical presence in Hawaii and at the time none of them offered title insurance on a tax auction purchase. One of them used the term "no longer" if I recall correctly.
I may not know much but I guarantee that no one disclosed all of this poop to King Kamehameha III when he agreed to The Great Mehele.
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There is a one year "redemption" period on tax foreclosed property tax auction sales
IIRC, it's "redeemable" for the auction price + interest + cost of any improvements to the property.
Should make for an interesting court case.
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(03-29-2024, 04:39 PM)kalakoa Wrote: There is a one year "redemption" period on tax foreclosed property tax auction sales
IIRC, it's "redeemable" for the auction price + interest + cost of any improvements to the property.
Should make for an interesting court case.
Yes, should be interesting court case!
However, here in Hawaii, the law does not require the prior owner to pay for any improvements done during the redemption period except items that are required to keep clear title such as property taxes.
https://www.hawaiipropertytax.com/docs/T...stions.pdf
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Quite a few folks and entities involved in this need to get their poop together.
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Pretty sure the lot owner just got herself a 'free' house from the developer. She will be responsible for paying property taxes on it, though.
There's no law in Hawaii that requires folks to pay for things done to their property which they didn't ask for. We had some squatters move into a vacant house near us and they 'improved it' and then sued to get 'paid' for their 'improvements'. They got tossed out on their ear and they slunk off before anyone could get them to pay a fine.
The County/Architect shouldn't be liable since more than likely the plans show the proper lot. It's the developer/builder who put the allowable house on the wrong lot. Not sure if the County inspector would have noticed it was on the wrong lot unless there's some neighboring houses with house numbers nearby.
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It does appear that the developer is trying to make this as complicated and cumbersome (and expensive for everybody) as possible. I agree that it’s unlikely that there was a clerical error that caused all this, but it is possible. Still, he’s dragging people into this and causing them to spend time and money on frivolous claims.
The current owner bought the property at auction in 2018 so the redemption window has closed. Former owners should be left alone, and the current owner has absolutely no fault in this. They and anyone else who has been named frivolously should receive treble damages. JMO.
According to the article, the developer offered to sell the house to the current owner at a discount. The house already belongs to her, not him. Isn’t it called fraud when you try to sell something that you have no rights to? Criminal charges?
I think the developer probably does have a claim against the contractor, and the contractor MAY have a claim against one or more of the others. But the developer is being very reckless with his accusations.
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"Still, he’s dragging people into this and causing them to spend time and money on frivolous claims."
Yes, he is, and when he inevitably loses, he will have to pay the others' legal costs on top of his own. They might also countersue for damages in addition to legal costs, but I don't know how far they would get with that.
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I wonder where the contractor’s insurance company is in all this. Isn’t this the kind of thing insurance is for? Isn’t this why contractors are required to have insurance, and developers are required to use licensed contractors?
