PATRICK RICHARDS, Appellant, v. ABN AMRO MORTGAGE GROUP, INC., Respondent., 261 S.W.3d 603

Summary

The company held a mortgage on a piece of property. The company and the mortgagor sold a portion of the property to a city, so that the city could widen the road. The mortgagor defaulted on his mortgage and the company became the owner of the property through a foreclosure. Thereafter the company sold the property to the buyer. The property was sold as is with no seller disclosures. Only after the sale did the buyer learn of the prior sale of the thirty feet of land to the city. On appeal, the court determined that documentation putting the buyer on notice of the sale to the city was found in the public record, which was available to the buyer prior to his signing a contract for purchase. In addition, the buyer knew before he purchased the property that the legal description of the real estate was not a simple description, and the language of the real estate contract placed the burden on him to investigate the property without assistance from the company. As the buyer would have ...