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MicheleD (Kentucky)
Posts: 4,491
Posted:
Yikes! This is not exactly an association-related story, but it jumped out at me anyway.

Condo owner finds out he's been living and renovating in the wrong unit

Heidi Hemmat KDVR Denver

March 5, 2009

DENVER - He bought his first home, spent $30,000 fixing it up, and now, six months later, Jonathon Kyte has learned the home doesn't belong to him.

According to the City and County of Denver, Jonathon owns the dump next door. He found out about the mistake almost by accident when he received a map which showed the unit he's living is actually unit No. 4.

"I froze. My wife and I were just speechless," Kyte said.

Kyte owns the deed and title to unit No. 5.

Jonathon blames the Coldwell Banker listing agent for the mistake. She marketed the property and provided the key to the unit Jonathon and wife have been living in.

He called the listing agent again and again, but she wouldn't return his calls. He also called the title company, "Colorado American Title," and an employee promised to get back to him, but never did.

So Jonathon called FOX 31 News. We confronted the listing agent's supervisor, but he would not comment on camera. He said their lawyers were looking into the situation.

Jonathon is now considered a squatter in unit No. 4, and the people who were so willing to sell it to him, are now unwilling to help.

-------------------------------------------

What a shock to discover! I would say, even though it's technically not the Condo Board's role, I would try to enlist their assistance, too!

http://www.kdvr.com/news/kdvr-wrongcondo-030509,0,6904039.story
AnnaD2 (Florida)
Posts: 960
Posted:
I remember reading this article about six months ago, when it was first reported. What a SHOCKER for him!!!

What a nightmare!
MaryA1 (Arizona)
Posts: 7,043
Posted:
I find it odd that there was nothing in the closing docs stating he was purchasing unit #5 instead of unit #4. The unit number should certainly be on the deed. And, what about the address? If the street address is the same for all units, then the unit number would definitely be shown; otherwise the street address would be different for each unit. I wonder if the realtor was the listing agent for both units.
EllenS1 (Florida)
Posts: 1,148
Posted:
Of course there was something in the closing documents to show what unit he owned. Whoever handled the closing should have spotted this and any intelligent buyer should have as well.
TracieS (Colorado)
Posts: 460
Posted:
Am I (and many of you here) the ONLY ONE who actually READ EVERY WORD when we bought our home? I even got the association information, and I read every word there, too! Jeeez...our company had a typo on the TOTAL PRICE OF OUR HOME!!!!

Legal contracts...why on earth is someone just going to say "Oh, ok, you wonderful expert who has such an attention to detail, where do I sign?"
EllenS1 (Florida)
Posts: 1,148
Posted:
I am not sure what your post means but anyone who has any sense may not read every word but should have enough sense to at least see what they are buying. It's the old let the buyer beware. Their recourse now is to go back to the closing agent and hold them responsible. Hopefully they purchased owners title insurance.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Title insurance?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Steve, that was my first thought. Apparently the Title Insurance company has not gotten back to him yet.

Regarding the Unit numbers. In our subdivision we have Lot #s and addresses, which are different.

If I read my docs and it kept referring to Lot #179, and my lot # was actually 178, but it had my address correct, I'm not sure I would have noticed the shift somewhere along the line.

It seems like it should be an easy fix, at least on the paper work. Just amend or correct the documents to show the home/unit # he's actually living in and rehabbed, since that one seems to at least suit him somewhat.

At any rate, it did cause me to do a little jaw drop, THAT'S for sure!
DonnaS (Tennessee)
Posts: 5,671
Posted:


I have been following this case as it has made T.V a couple of times as well. As several of us have asked, where is the Title Insurance company here. Why cannot they make some sort of an agreement with the documented owner? How about the agent and her company because the agent really screwed this up. The last I heard, he was being evicted from the unit and he was out his $30,000. This is a true excercise in making sure that you have inspected any closing papers as a buyer. But supposidly there was no unit numbers on either door so it was an accident waiting to happen.
SusanS5 (Florida)
Posts: 16
Posted:
It's just wild that something like this could happen. Reminds me of the HO that was in the news recently- built an entire home on the wrong lot. While I know that the owner is responsible for the cost related to the remodeling, I wonder if the contractor (mechanics?) liens would make the cost a shared responsibility with the unit owner of record?

Donna- Is this story being covered in HOAtalk news clips? I'd like to keep up with it, as well.
DonnaS (Tennessee)
Posts: 5,671
Posted:


SusanS,

Yes they covered the article that was o the news recently but this case has been going on for several months already. Will HOATALK continue to cover it?? Dunno!
KirkW1 (Texas)
Posts: 1,665
Posted:
The reason nobody has contacted him is because he hasn't had enough sense to have his lawyer call.

I don't think this is something that can be blamed on his failure to read the paperwork. He thought he was living in unit five until he got a map indicating that he was in unit 4.

My own headache came from something that was simply not in the closing papers. When the developer filed the paperwork creating my ESID (how utility companies track where the utilities are) they put the wrong street name down. I had my first clue getting the gas company setup. Then came when I called the fire department to check out smoke smell. They went three blocks away to the other location.

As a note, when our house was being built there was a three week delay while the sorted out what lot number my house was. The city inspector was reading his map wrong and insisted that the building permit was for a lot on the other end and other side of the street.

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