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Updated over 2 years ago on . Most recent reply
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Warranty deed without a survey
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.
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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.