Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Mortgage Brokers & Lenders
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 2 years ago on . Most recent reply

User Stats

2,090
Posts
1,160
Votes
Mike Reynolds
  • construction
  • Nacogdoches, TX
1,160
Votes |
2,090
Posts

Warranty deed without a survey

Mike Reynolds
  • construction
  • Nacogdoches, TX
Posted

Not sure if this is the right place for this but it technically is a lending question. A little backstory first. 

I have been under contract forever it seems on a simple cash buy property. I should have closed on it 2 months ago. The title company says they cant offer insurance without a survey. Surveyor says it cant be surveyed. I dont understand why not as I used to work for a surveyor in another life. I was a simple rod man but I cant imagine what the issue is. The seller now wants to go to a lawyer and get a warranty deed. I am ok with this but how can he guarantee a clear title without a survey?  

Q? 1. Can I refi this without a survey? 

Q? 2. How hard will it be to sell in the future? 

This is a super smoking deal but I can walk away. I just wanted to get all my bases covered. It appears it was sold on a handshake and a smile between friends. 

  • Mike Reynolds
  • Most Popular Reply

    User Stats

    1,588
    Posts
    685
    Votes
    Peter Walther
    • Specialist
    • Winter Springs, FL
    685
    Votes |
    1,588
    Posts
    Peter Walther
    • Specialist
    • Winter Springs, FL
    Replied

    Assuming it's a metes and bounds legal description and not a platted lot and block, it's possible the description is incomplete and/or unlocatable as recorded.  You may need to have an abstractor run the chain of title via grantor/grantee and see if somewhere in the back chain a transposition error occurred that might be able to be cured.  I've seen legals where entire sections of the description were left out by the typist when preparing the deed.  If it's lot and block it's also possible the legal was mistyped and the title agent doesn't know what property was intended to be conveyed in the last recorded deed.

    Loading replies...