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    firehawk2010's Avatar
    firehawk2010 Posts: 1, Reputation: 1
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    #1

    Feb 20, 2012, 10:50 PM
    What can I do about unrecorded deed restrictions?
    We purchased our house in Florida in 2001, and the warranty deed has no restrictions. The other day I received a letter in the mail from what I thought was a voluntary HOA. Turns out that there were recorded deed restrictions in 1999 for the previous owner that were undisclosed and not listed on warranty deed. We do not want to live in mandatory CCR's, and can longer park where we want to, and other restrictions. What can we do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Feb 21, 2012, 04:27 AM
    Not a lot. I think it is too late to sue the previous owner for non disclosure. And this isn't a title issue so if you had title insurance it wouldn't cover.

    A HOA is rarely voluntary, I have to wonder why you thought that. You can try consulting a real estate attorney to see if the fact that they waited 10 years to inform you makes a difference.

    Otherwise you are probably stuck with restrictions.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 21, 2012, 09:02 AM
    Was there not a title search done?
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