Issues with title

3 Replies

Hey BP,

Currently working on deal # 3. Received title commitment today detailing issues that need to be cleared before we can close.  Before I get into the details this was a monster of a negotiation so I am def ready to move on from this one. 

-Husband & wife #1 (both deceased) sold property to Husband & wife #2 in 1964

-Husband & Wife #2 now deceased died with no will 

-Husband & wife #2 have 6 kids (I had to negotiate with all of them)

-Title company says record title to the land is with husband & wife #1

-Kids no nothing and all live out of state. They have an attorney they worked with when the estate settlement was created after wife #2 death.

My question: Have you gone through this before? Is this normal? Why can't these records be found? This is the second time I've ran into this issue, but seller backed away so we didn't move forward. Maybe it's just the county I'm working in.

Any insight would be helpful

hmm; sold to #2 but title STILL vested in #1??  If that's true, the 6 kids have no 'standing'.

"They have an attorney they worked with when the estate settlement was created after wife #2 death."  IMO, that's  a family dispute and of no concern when title was never held by mom.

>> Get an opinion you can take action with; You need a real estate attorney in the state where the property is located.

Check Texas intestacy (meaning "no will") statute - it should govern how title passed and to whom it passed. If Texas requires a deed to be recorded to transfer title from a deceased's estate, then you may need to take some curative actions to clear up title. Either way, you need an attorney and title counsel to guide you on what you need to do to get clear title. Depending on the terms of the purchase agreement, this may or may not be a seller obligation.

Thank you for your insight. Spoke with several attorneys here in town. Quotes ranged from $2500-$3500. Sellers are not interested in paying out any money. Contract states title must be clear. This home is be sold at a tax auction soon. Not enough spread in this deal for me to cover the attorney cost. End buyer is not interested either. So there is disappointment on both ends

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