Hey everybody! My name is Brian and I’m new to the group. I’ve been “piddling” in real estate off and on for the past 15 yrs, and I’m looking at a property that I’d normally just move on from, but my curious-self has to wonder if there’s a way. A house that was auctioned off at the courthouse and is now in the upset period has an issue with the title. The same family owned the property from 1974 until the foreclosure, with the deed changing hands (within the family) a few times. It goes like this:
Monroe and Betty are on the deed together until Monroe died back in 2009, then it’s just Betty on the deed. Betty signs the deed over to the daughter in 2012 and then for whatever reason, the daughter deeds the house back over to momma Betty in 2016. Then, Betty died later that year. However, the daughter was married and the husband never signed when it went back to Betty.
Can anything be done to clear the title other than tracking down the “husband” and pay him for a signature? Thanks for any help!
Thank you, Don. The attorney that did the search for me stated that I’d be unable to get title insurance with the title as is. She’s the one who told me that if I could get the husband’s signature, then the title chain could be repaired.
Mama was the last owner and Daughter only had it for a while. We just bought the nieghbors lot where the seller financed the sale as a couple and the husband died. We had her get affidavit’s from the kids that COULD inherit saying they have no interest tied to the property. The title company is looking it over again to insure the title. Have the daughter (and husband if he signed) quit claim any interst they MAY have. and let the probate finish out.
Hope that helps http://www.realestateproblemsolver.com
I would find out WHO actually has a legal right to the property. Did he have a right to it or was it deeded to just her. From what you describe, It should be clear cut Betty owned it, She is dead, Finish probate and buy the house. As long as the deed go recorded before she died, and it wasn’t just a quit claim, there really should not be a problem.