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The Survey Affidavit is a sworn legal document signed by the Seller that no changes have been made to the property since the prior survey was completed. The home at the above stated address was constructed in XXXX. Utilizing a survey dated XXXX and several aerials taken in subsequent years, we were able to estimate that in approximately XXXX, an approximately 10 x 10 detached workshop was built by the owners of the home at the time. NOTE : Bueno Title & Escrow submitted the Survey Affidavit to the wrong party in this real estate transaction. XXXX XXXX had the Buyers signed the Survey Affidavit and not the Seller. An erroneous mistaken. You can not have the Seller and the Buyer be the same individuals in a real estate transaction for a mortgage. This does not meet the requirement by my lender XXXX XXXX XXXX XXXX as improvements were made to the property. Bueno Title should have requested a new Survey. There is no date on the Survey Affidavit that makes reference to the attached surveys date. We ( the Buyers ), was unaware that XXXX was presenting a five-year-old survey map that did not reflect the permanent improvements that was made by the Seller after XXXX to the property. Bueno title failed to verify the information given by the seller ( XXXX XXXX ) and the seller ' s agent, XXXX XXXX ( XXXX XXXX XXXX ). XXXX XXXX did not perform an on-site visit. A workshop was constructed ( see MLS ' photos ) which did alter the property dimension as it relates to the easement requirements and other requirements. The workshop must comply with setback and easement requirements, and, must be constructed in a manner that will not jeopardize life safety and the protection of property, per the XXXX XXXX XXXX XXXX and XXXX XXXX. After we began our remodeling project, Building Inspector, Mr. XXXX XXXX, stated that the workshop was not in compliance with setback and easement requirements, and was not constructed according to industry accepted standards. A verbal stop work order on the workshop until a variance was obtained. Bueno Title is negligent as well the Sellers agent for not disclosing and providing misleading information during the closing process. We alerted XXXX XXXX XXXX XXXX regarding the false and inaccurate Survey Affidavit to open an investigate into this matter.
Our agent, XXXX XXXX ( XXXX XXXX XXXX ) was advised of the situation and she admitted that her and XXXX were at the property that this clearly omission and error. Negligence of the title company failure to disclose lien against the property and I have that information. It was public records in the office of the clerk XXXX XXXX XXXX in the State of New Mexico on XX/XX/XXXX as the instrument number XXXX.
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