If ever there was a case for Title Insurance – this would be it

Their home was sold by mistake

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By MARILYN KALFUS THE ORANGE COUNTY REGISTER
The Orange County Register The Orange County Register
updated 9/27/2010 2:15:42 PM ET

Douglas Garhartt and Brandon Lively were just settling in to the ocean-view San Clemente townhome they bought in March when suddenly they were faced with the threat of eviction.

Less than a week after they closed sale on the condo, it turned out, a small group of investors had purchased the same property — at a foreclosure auction.

How could that have happened? How could one home have been sold to completely different buyers?

Both sides say they did everything right. Both sides have deeds. And both sides are in court right now, trying to sort out the mess.

‘Why are you getting evicted?’

Garhartt said he and Lively were thrilled when they bought their 3-bedroom condo on March 11. The seller had been in default on his mortgage and Garhartt and Lively purchased the place as a short sale for $365,000, far less than the $712,552 the seller owed on the loan.

But on March 15, records show, the bank that was involved in the short sale sold the same property at auction for $346,896.

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