What recourse do I have associated with adverse possession

UPDATED: Sep 30, 2022

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What recourse do I have associated with adverse possession

My wife and I bought a house from a contractor in 2008. He is carrying the
principle. I have tried on several occasions to refinance with a conventional
mortgage but keep running into the snag that our name was never put on the title.
All of the title work was never filed with the county, as the title company went
out of business. I have contacted the note holder but he refuses to add our name
to the title. We have faithfully made mortgage payments to the escrow company
every month and have paid the property taxes every year. We are in Arkansas. Whet
legal recourse do I have.

Asked on March 31, 2017 under Real Estate Law, Arkansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

PLEASE go and speak with an attorney.  Do you have the original contract?  Do you have ANY paperwork form the closing such as a closing statement?  You need to seek legal counsel to prepare a new Deed and then bring an action against the contractor to enforce the terms of the contract and ask for legal fees.  You MUST file a deed (but I am sure that you know that) and for all intensive purposes you own this house.  Do not prolong your rights any longer.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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