Ownership Of Property Transferred at Time of Deed Execution?

[Leila Rose]

I would love to close my first deal, but the title company is giving me crap...Or are they?

Scenario:

We have a property under contract with Adam in Texas. Adam’s common law wife Jenny signs a warranty deed (which was notarized) over to Adam prior to her passing in 2005. Adam does not record the deed until 2013.

Title company is saying the deed isn’t valid because it was recorded after Jenny’s Death. I thought that the property was transferred at the time the deed is executed. I have been reading up on this as well. Title is saying property is transferred at the time of recording and that a deceased person cannot transfer property. Not sure what to do now 😕

[Bruce Lynn]

Normally in Texas you have to file probate within 4 years of the date of death.

Often there is the option though at any time with or without probate to sign affidavits of heirship.  We don't have enough info here though to know if he is the only heir or more people would need to sign affidavits.   Title company should know or find out and offer alternatives.

From what I have read is that deeds don't need to be recorded in Texas to be valid, but the title company to issue title insurance may have their own rules.   They don't like to pay claims so want to ensure any transfers were legal and valid.

There is some chance you could go to a different title company and they would accept this.   I would ask the first title company for solutions.