I Don't Own Property I Sold

My question involves real estate located in the State of:oklahoma I bought property connecting to my property --aprox. 8 acres with house--property was for sale in paper to sell to highest bidder in private sale--I was the highest bidder--Court confirmed the sell-- I had abstract brought upto date and had property surveyed--with 10,000 down -- tennant moves in-- does extencive work on home inside & out - with their down payment of 10,000 dollars -bank hires lawyer to check title--finds out that title was cloudy-"Supposedly"- The 2 lawyers that handled the probate are at fault--so now they have to start probate over--someone didn't receive paper work-didn't approve of personal representive-bla-bla--this someone-- went to the lawyer that found the cloudy title-( before there was any sell)-- was dropped from lawyer for non-payment--the lawyer that found the cloudy issue informed me & the tennant that there was no problem for us --that their would be a contract sell--being I was high bidder & above appraisement. Now I am told that tennant has to move & I don't own property-- How can this sale -- because everything went thru the court, Why or how can they contest now that the sell was granted by the court--If I had not givin the lawyer the updated abstract (I paid for) to look at-- the last conversation I had with this lawyer seems she is still involved with this someone. This someone is trying to get the property saying that the decesed give it to their daughter.(NO WILL) THEY were at the court hearings when the case was in court--When the Judge ordered the final sell--they wanted to know what was gona happen with their share-- Now they find a glitch in the probate now they are out to get all they can-- which they were trying to do in the begining--when it was going thru all the court procedings--Evidently its not to late -- Ok NOW I relize that I probably should of had a lawyer for the sale--I"ve never had a lawyer for the lands I have bought (one 90 acre & one 160 acre with house) the probate lawyer said there wasn't gona be any problems that everything was clear no leins, no contested, previouse mortgage taken care of -- I just had to place my bid in writing & be the winning bidder. that was done-- the court approved--back to court sell was concluded. Guess what I'm asking is where do I go from here--any and all advice would greatly be appreciated

My question involves estate proceedings in the state of:oklahoma--I bought 8 acres more or less that was listed in the local paper-- listed as a private sell--property goes to highest bidder-- ME- court ordered-- Ok have this place since aug.22-- I have contracted to sell house-- people go to bank with 10,000 down--move in sept.--major- repair-remodel-ect..bank hires lawyer to check title--the probate -- ends up cloudy-- bank has tennants sign papers---heirs-- want tennants out and want to start probate over from beginning-- say I don't own property--I posted this else where I'm not sure where it is supposed to go--I just need some advise

Quote:

---

Quoting legalhelpwanted

---

-I just need some advise

---

don't start multiple threads for the same situation

so, did you have anybody review the title prior to you purchasing it? Do you have title insurance? Is there anything concerning this title issue listed as an exclusion?


did you receive a deed transferring title to you? What is causing the cloud on the title? Are you saying the house was not properly dealt with through the probate action for the estate?

Have they offered to refund you your money used to purchase the property?

I"m truly sorry for posting twice in different threads-- I didn't think I posted in the right place--No review of title prior to purchase-no title insurance-don't know what ya mean by the title issue as an exclusion, I received personal reprensitives deed--Yes I was told that the house was not properly delt with thru the probate--There two different probate law firms that handled the case-- as for return of monies-- good question--have heard that a large amount of monies have been spent-- i SO THANK YOU FOR YOUR REPLIES--Did you happen to look at my other thread?

It would help if you would follow basic rules of writing, punctuation and grammar. Your creative disregard of the rules of English makes it difficult to parse what you are trying to say and, frankly, doesn't lend itself to well-organized thoughts.

If your purchased property from an estate through a sale duly authorized and approved by a probate court, what's the problem? Please explain clearly exactly what went wrong in probate and exactly who is presently the title owner of the property.

Well excuse me Mr. Knowitall (I did not even finish grade school.) I don't know everything ! That is why I am asking some one that does, I will try to write so you can read. I'm not sure what proper is supposed to look like.

NOW THEREFORE, pursuant to the Order of the foresaid and in consideration of the sum of ________ and other good and valuable consideration,the receipt and suffciency of whichare hereby acknowledged, Grantor does hereby, grant, bargin,sell and convey unto Grantee all the right, title, interest and estates of ______&_________ dec

Nobody here made you drop out of school. If you are saying that your marginal literacy prevents you from communicating clearly, get help posting.

Again, if your purchased property from an estate through a sale duly authorized and approved by a probate court, what's the problem? Please explain clearly exactly what went wrong in probate and exactly who is presently the title owner of the property.

Our background circumstances may of influenced who we are but we are responsible for who we become. I try my best to be my best. Thank you for helping me to improve who I am.

I will get information you are requesting on the problem with the probate Monday Morning, & will post it. I was told that I was the current title holder.

Well, I look forward to learning on Monday, for the first time, what the problem is, what went wrong in probate, and who presently owns the property. :rolleyes:

Here is what I recieved today. Abstract of title opinion. Title to subject property is vested in --------&------ as Joint Tenants, pursuant to the terms of that Warenty Deed filed on date in book at page Thereafter, County Distric Court Case # ; In the matter of the Estates of-----&---- was filed but fails.
Under 58 0.S.*128 when a petition praying for letters of administration is filed, notice must be given to each of the heirs of the deceased and pursuant to 58 0.S.*34, proof of the mailing shall be by affidavit. No proof of mailing has been filed of record and one heir claims to have never received notice of the probate administration. Also, there is no order appointing a Personal Representative or Administrator in this matter. Pursuant to 58 0.S.*130, the court must order the issuing the letters of Administration. The Letters of Administration and the Order Issuing said letters are not the same.
Furthermore and specifically, the sale of the subject tract through County Distric Court Case # was not a valid sale under Oklahoma law and therefore marketable title has not passed from the Estate to "me" the person named as the buyer on the Personal Represtative's Deed recorded date in book at page The sale fails because 58 0.S.*412 mandates that to obtain an order for sale of real property... a verified application "must be made to the court setting forth specific facts. Failure of the facts to appear in the Application may be overcome, however, failure of the Application to be made to the Court cannot be overcome. There was no Application made the Court, therefore the sail fails in whole.

Requirement 1: All proceedings of County Distric Court Case # must be set aside. The Petition may remain in place, however, notice must be given to the heirs of the administration of the case,and another hearing must be set and had for the appointment of the appointment of administrator and identification of heirs.

Requirement 2: The sale must be set aside and all funds refunded to the buyer. An Application of Sale of Realty must be made to the Court and Ordered by the court.

Until these rewuierments have been met,this property is held in the names of decesed. There has been no valid Administrator appointed and there has been no valid sale made. There appears three valid easements over and across the subject tract which will be identified and provided to you at your request. No mortgages appear to be outstanding.

I replied to my thread but was not sure how to reply to you directly, Sorry but I'm new at this, anyway I posted the problem with the probate for you. Thank You for your valuable information!!!

this says it all:

Quote:

---

There has been no valid Administrator appointed and there has been no valid sale made.

---

It sounds like somebody took actions they were not allowed to take and it was not caught initially. If there was no valid administrator of the estate, no actions such as a sale of the property can take place. Ergo, your sale has been rescinded.

Thanks for reply jk!! Do I need to start a malpractice suit against the probate lawyer ? Against the Estate? Against the so called Administrator? How long before The new tennant has to move? Should it be court ordered ? What is a Bona fied purchaser? Do I Quailfy? Also I was looking at Quiet titles any thing help me there?

I would strongly suggest hiring a lawyer to look into this situation to see what went wrong where and who is to blame. There are multiple possibilities as to how and why this happened. Without all of the facts, it is not possible to tell you who to look towards regarding fault and possible liability.

Thanks jk-- I am talking with a lawyer in the morning (Retired Judge) I was just trying to get anything possible, that I could understand, (if that is possible) to talk with him about, Thanks again I figured this was a hornets nest.