First deal stuck in probate…

First deal stuck in probate…

New to Real Estate · Boston, MA · Member since 2021 · 8 posts · 4 votes

Hi all - I’m in the midst of my first deal and have hit a snag. I have an accepted offer on a distressed single family home in East Texas. My realtor had learned from the listing agent that the owner of the home had passed away and her daughter, the sole next-of-kin, was the one selling it. It was a cash offer and our original closing timeline was 30 days. It’s now going on 1.5 months and we haven’t closed yet because a) the title company determined that the deceased owner hadn’t paid 5 years of back taxes on the property, and is still in the process of figuring out if there are any outstanding liens related to that, and b) the deceased owner did not have a will and the daughter’s lawyer is still working on settling the probate case. The closing date has been pushed back twice already.

With this being my first deal aside from my own home purchase, I have never dealt with probate, although I know it can be a very prolonged process. No one is able to estimate how long it will take and I am not interested in waiting around for this property for an indeterminate amount of time while other potential deals come and go. I am well past the 10-day option period to back out of the deal without penalty, so I assume I would forfeit my escrow deposit if I walked away now. Does anyone have any insight that might benefit me? Thanks! 

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Greg H.Pro Member
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Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
4y

Maybe I just look at things differently.  This could be a long process so if I can get a long extension with low earnest money I would be golden.  6 months from now the property could have appreciated and I made money for my time.  If not, I walk away.  I would put up $500-1000 for almost any good deal in this scenario 

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  • Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
    4y

    I frequently use Linkedin to vet how seriously I should take an argument.  I don't know what HA is or what the rest of the sentence is intended to mean.  It appears you either didn't read the part of my reply that explained why the cite was germane, you're deliberately being obtuse, or you just don't get it.  In any case, I did my best to inform.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    4y
    Quote from @Peter Walther:

    I frequently use Linkedin to vet how seriously I should take an argument.  I don't know what HA is or what the rest of the sentence is intended to mean.  It appears you either didn't read the part of my reply that explained why the cite was germane, you're deliberately being obtuse, or you just don't get it.  In any case, I did my best to inform.


     If LinkedIn is your criteria then do not take me seriously at all because I have never had a need.  Sorry is not spelling out Heirship Affidavit stumped you. 

  • Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
    4y
    Quote from @Greg H.:
    Quote from @Peter Walther:

    I frequently use Linkedin to vet how seriously I should take an argument.  I don't know what HA is or what the rest of the sentence is intended to mean.  It appears you either didn't read the part of my reply that explained why the cite was germane, you're deliberately being obtuse, or you just don't get it.  In any case, I did my best to inform.


     If LinkedIn is your criteria then do not take me seriously at all because I have never had a need.  Sorry is not spelling out Heirship Affidavit stumped you. 


    You're correct, I don't take you seriously, not because you're not on Linkedin but because you hold fast to an unsupported position in the face of facts.

    Sorry I didn't understand HA was a reference to an affidavit when you wrote you go there frequently.  To clarify, I believe you don't go there at all (rely on an HA), the title agent you deal with relies on it to issue you a policy.  Take care

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