Original Message:
Re: Villas on The Lake conveys ownership to me without my knowledge/consent (by Tiffany J.):
First Right of Refusal means the owner is first obligated to offer their property for sale to the holder of the First Right of Refusal at the exact price and terms contained in the offer they've received. The holder of the First Right of Refusal can then either agree to purchase the property under the same terms and conditions, or decline and allow the other buyer to move forward and complete the purchase. It does not give them the right to refuse you from selling it to another willing party. Even if they had such right, they didn't exercise it when my unit was sold to the new owner. They happily took my transfer fee in 2007.
Here is the definition of a General Warranty Deed: A general warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to you. The guarantee is not limited to the time the grantor owned the property—it extends back to the property's origins.
Important portions of a general warranty deed include,
The grantor states there are no hidden liens or encumbrances on the property. In other words, there are no debts or holds other than those that are obvious in public records.
the grantor declares that he or she is the owner of the property and has a right to sell it to you.
The grantor guarantees that if the title ever fails he or she will compensate the grantee (new owner) for any losses.
Because what we received from them is a General Warranty Deed, and not a Quitclaim Deed, the resort/management clearly declared that they had full ownership. As far as I know, transferring/deeding ownership legally requires a willing receiver/grantee, and this is the point we will be fighting. We will take it all the way to court if necessary.
Think about it, if this practice is legal, then anyone with a piece of not-quite-worthy real estate that has a lot of back taxes owed on it, can just deed it to whomever they like (or dislike in this case), and walk away from it.