Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Wholesaling
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 8 years ago on . Most recent reply

User Stats

149
Posts
49
Votes
Jessica A. Smith
  • Real Estate Investor
  • Lake Jackson, TX
49
Votes |
149
Posts

Issues with title

Jessica A. Smith
  • Real Estate Investor
  • Lake Jackson, TX
Posted

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

Most Popular Reply

User Stats

224
Posts
126
Votes
David Miller
  • Attorney
  • Durham, NC
126
Votes |
224
Posts
David Miller
  • Attorney
  • Durham, NC
Replied

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.

Loading replies...