Skip to comments.86-year-old WWII veteran being sued by country club over property
Posted on 04/24/2014 10:08:27 AM PDT by Tolerance Sucks RocksEdited on 04/24/2014 10:10:54 AM PDT by Admin Moderator. [history]
OVERLAND PARK, Kan. — Family members of an 86-year-old World War II veteran say he’s being harassed by a well-known golf course.
Virgil Wesley has lived in his home since 1995. Family members say Brookridge Country Club is suing Wesley for $75,000, because they allege 60 square feet of his garage is on country club property, according to a survey.
(Excerpt) Read more at fox4kc.com ...
there is an apostrophe missing in the last sentence
Sue the county planning board and land surveyor. They both approved the building.
He could actually sue the closing attorney, too. That’s what title insurance is for.
This is a good pro bono case.
I guess it's Teed off...................
And there's a period missing in yours (not to mention the lack of proper capitalization at the beginning).
I am not a paid journalist - plus jeering from the cheap seats is fun sometimes....!?¡¿
Title insurance is a form of indemnity insurance predominantly found in the United States which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Title insurance is principally a product developed and sold in the United States as a result of an alleged comparative deficiency of the U.S. land records laws. It is meant to protect an owner’s or a lender’s financial interest in real property against loss due to title defects, liens or other matters. It will defend against a lawsuit attacking the title as it is insured, or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy. The first title insurance company, the Law Property Assurance and Trust Society, was formed in Pennsylvania in 1853. The vast majority of title insurance policies are written on land within the United States.
Typically the real property interests insured are fee simple ownership or a mortgage. However, title insurance can be purchased to insure any interest in real property, including an easement, lease or life estate.
There are two types of policies - owner and lender. Just as lenders require fire insurance and other types of insurance coverage to protect their investment, nearly all institutional lenders also require title insurance [a loan policy] to protect their interest in the collateral of loans secured by real estate. Some mortgage lenders, especially non-institutional lenders, may not require title insurance. Buyers purchasing properties for cash or with a mortgage lender often want title insurance [an owner policy] as well. A loan policy provides no coverage or benefit for the buyer/owner and so the decision to purchase an owner policy is independent of the lender’s decision to require a loan policy.
Title insurance is available in many other countries, such as Canada, Australia, the United Kingdom, Mexico, New Zealand, Japan, China, Korea and throughout Europe. However, while a substantial number of properties located in these countries are insured by U.S. title insurers, they do not constitute a significant share of the real estate transactions in those countries. They also do not constitute a large share of U.S. title insurers’ revenues. In many cases these are properties to be used for commercial purposes by U.S. companies doing business abroad, or properties financed by U.S lenders. The U.S. companies involved buy title insurance to obtain the security of a U.S. insurer backing up the evidence of title that they receive from the other country’s land registration system, and payment of legal defense costs if the title is challenged.
A lot of Title Insurance policies are to protect the Lender or mortgage holder, not the homeowner.................
That was my thought.
” Brookridge Country Club is suing Wesley for $75,000, because they allege 60 square feet of his garage is on country club property, according to a survey.”
$75,000 for 60 square fee? That’s $54.4 million per acre.
What kind of crack is their attorney smoking?
Adverse possession should clear this up. The vet will win it.
I understand it primarily is purchased by the lender and not for the borrower. But, you do know don’t you that once the lawyer has issued a policy for the lender, he will gladly sell you one too to protection your interests, and cheap. You need only ask for it.
I’ve done this twice.
Or sue the person who owned it when they put up the garage. And yes, when a sale is pending doesn’t the city send out a person to make sure everything is right?
As far as the law suit, $1,250/sq ft? Seems kind of excessive.
Hopefully someone will take up a collection for this guy’s legal defense.
Actually, the base recovery is $75. The other $74,925 is the attorney fee.
The vet will win it.
Only if he can get a lawyer....
Wnenever I've closed on a mortgage I've had to buy title insurance for the lender and it was offered to me. I've always passed on it, but with all of the hijinks of banks in the bubble and the crash I don't think I could pass it up unless I was buying a house that hadn't been sold or mortgaged for the past twenty years.
Does anyone know that insurance premiums have gone up because titles are much less secure than before?
I think you gotta pay property taxes to claim adverse possession.
And if in fact he was assessed and did pay taxes on the entire garage, then yeah. you may have a point.
“I am not a paid journalist - plus jeering from the cheap seats is fun sometimes”
but it doesn’t add much (if any) value to the discussion.
I remember, a now dead, radio talk show host, who gave financial advice to callers, was involved in some property dispute of his own. Seems like, IIRC, a property he owned had some defect in the title about a property line or some such as this case.
He didn’t worry because he had title insurance in case things went wrong.
He found out that his insurance covered only the lender and not him, so he was out of luck.....................
The cities don’t normally send out anyone. The buyer pays for a survey and the bank and title company will check for encroachments.
It depends when the garage was built. If before he purchased the property then title insurance may cover him. If it was built after then the permitting process should have covered it. The survey company may have liability.
Of course he may have just built the garage without permits.
It doesn’t matter when the property was last sold, even a hundred years ago.
Defects in titles are more common in older titles because the property surveying techniques were only as good as the surveyor’s skill. They didn’t have GPS or lasers, only their surveyor’s scope and a flunky with a brightly colored stick................
“””Adverse possession should clear this up. The vet will win it.””””
Last year I did a job where the city turned a long abandoned alley into a bike path. Garages had to be torn down or modified, garden sheds were torn down, landscaping was moved etc. Homes had been there many years but the city made everyone move their stuff a few feet back as it had gradually encroached on city owned property. Not a good place to work as the homeowners were just a tad upset.
He’s a WWII Vet that is 86 years old? How old was he when he enlisted? That would put him between 11-17 during the course of the war. I’ve heard stories that some kids were as young as 16 so guess it’s possible, but he had to be near the end.
Just a rabbit trail to the conversation:
Title companies took a huge hit in the foreclosure meltdown because in addition to title, they insured the loan package.
When a loan went belly up, the lender ran a flea comb through the entire file to find something to hang the insurer.
Erroneous appraisal data, falsified verifications, survey errors (there were a lot during the boom due to overworked, sloppy surveyors)
One question is did the homeowner build the garage after his property was insured? If so he’s SOL on the policy covering it.
The back story: President Obama was playing on that course last month, and his ball struck the garage causing him to go over par on the 5'th hole. The president determined that the garage was in the wrong place, thus he didn't miss the shot due to any fault of his own. He asked the government to follow up and correct the situation.
My dad is 87 and served in navy for the final month of the war.
A year earlier he lied about his age and went through army boot camp before they discovered it and gave him an honorable discharge.
Well, Oklahoma and Texas are in a dispute over land and the BLM has moved in to claim it. They better watch out or the BLM will claim this too.
I think the news video showed a copy of the permit and the dates signed, it was quick, but I think that was what was shown.
Bet the Johnson County Assessor will be happy to rectify his low-ball assessment of the country club value :)
Are you implying I should read the article?
Not to mention that punctuation saves lives...
Maybe it’s the *ssholes’ way of thanking him for not being raised speaking German/Japanese, or being shuffled off to concentration camps.
A surveyor does not “approve” anything. We are hired to do a task and we do it. But if I had surveyed the property and he somehow got the gargage approved by the city, I would still make note that it appears to be an encroachment.
Too many people involved to blame the surveyor, “if” he did his job properly. Planning, engineering, architects, and more were surely involved too.
Well, it wouldn't be a bad idea, but also wouldn't help regarding the permit, as it was silent on it. But the permit is shown in the video, I went back and viewed it again. He's got a good case of adverse possession going here. He's been assessed on the improvements to "his" property, has paid taxes on it, and has maintained/improved it for more than 15 years (the garage is over 15 years old).
Oh my GOD!!!!
Going to my time-out corner now.
Read the article? I didn’t know anyone did that around here.
I belive the corekt usage is:
Oh, My, God!!!!!
I just read it for the pictures.
A lot of men who were in basic training at the time the war ended are indeed WWII veterans based on their induction dates, even though they were only assigned to the occupation forces in Europe or Japan.
I’m not sure why this even made the news. It sounds like a run of the mill boundary dispute. Mr. Wesley built his garage a few feet over the property line, probably not even realizing he was encroaching on the Country Club. Country Club’s demand of $75,000 is unreasonable. I used to live in OP, and 60 sq. ft. is not worth anywhere near that much.
Mr. Wesley being an old, disabled, WWII has nothing to do with the story.
An area 6’ wide and 10’ long. Kinda like a prison cell. A$$holes
I do not know about Ohio, but in Texas the premium for an Owner's Policy, in addition to the Lender's Policy, is an addition $100. Regardless of the amount of the Lender's Policy. If you borrow $5,000,000 when buying a house, you can insure your title for a 100 bucks.
“A lot of men who were in basic training at the time the war ended are indeed WWII veterans based on their induction dates, even though they were only assigned to the occupation forces in Europe or Japan.”
The last organized Axis resistance was the surrender of a Japanese garrison in December 1945. For many purposes the official end of the Second World War for determining benefits of American servicemen was established by Presidential Proclamation (Proc. no. 2714, 61 Stat. 1048) as 31 December 1946.
According to the last comment at the bottom of the article, the Country Club has backed down.