Need HELP in Deed fiasco!

Hi everyone, I am new here and really seeking some advice…! Three years ago my father-in-law deeded a parcel of land, approx. 2 acres, to my husband. Two days later, unbeknownst to us, he deeded a similar parcel of land to another son, but neglected to separate OUR parcel, so mistakenly deeded ALL 4 acres to this son.
Our properties were both recorded in the same week, but due to an attorney’s screw-up, ours was delayed, so my BIL recorded his deed first.
Imagine our surprise when we went to build our house on “our” land, and the title search came up saying “Oops!” - it’s not yours. In the meantime, my BIL has taken out a mortgage on the WHOLE piece of property.
My ?, (and I DO have one, lol), is how do we go about getting OUR land re-deeded to us? My FIL admits wrongdoing, as does his attorney, but nothing seems to be moving. I am SURE the BIL knew the mistake and kept it covered up for his own benefit… There was a warranty deed on our property - does that help???
I do not want to go to court, but will if this is not figured out soon. What are my options??? Any/all advice appreciated!

I’m not a RE attorny, and I STRONGLY suggest you contact one now, but my guess would be that your BIL has full rights to the property. It’s my understanding that whoever get’s their claim recorded first is the legal owner - in this case, your BIL. I think Bronchick even makes a statement regarding this in his book Flipping Properties. Again, I’d seek competant legal advice IMMEDIATELY as a judge may need to straighten out the mess.

Stephen is right…this may be a tough one to untangle, especially in that the BIL knows he was doing wrong and may go to any numner of lengths to stay out of trouble. It is doubtful that he will take the high road and admit that the deed is screwed up.

I would also recommend that you consider a malpractice suit against the original attorney…

Disclaimer: I am not a lawyer and do not play one on TV…