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Updated about 12 years ago on . Most recent reply

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SAL TAG
  • AUSTIN, TX
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buying desert land

SAL TAG
  • AUSTIN, TX
Posted

I am interested in buying a piece of property in Texas. It is owned by a gentleman and his wife in CA. I am going to pay cash for the land but he has a outstanding mortgage on it.

I do not want to get a real estate agent involved or ask anyone at the HOA on how to do this. I have heard stories of the HOA and real estate agents working together and contacting the seller and offering a little more to just double the price.

My question is do I just need a Warranty Deed and file it with the county? I would be paying off the mortgage for him and issuing a check for the balance to him. When I issue the check to the bank, does the deed go to me or to the people that had the mortgage?

This is the first time I am doing this so be gentle:)........

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Jon is right, contact a local title co. They will need to do a title search, among other reasons to make sure the HOA isn't behind, there's one mtg., etc.
You bring the full amount of money to the title co., and THEY pay off the mortgage, after verifying the true mortgage balance, which you can not do. You need a purchase contract signed by you and the seller, among other things specifying a Warranty Deed (General, if it exist in TX). The title co., or an attorney can help you with the contract. Don't be afraid the spend a few hundred bucks for legal representation, and don't be concerned about any HOA/realtor conspiracies.

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