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Updated about 3 years ago on . Most recent reply

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Buck Ivie
  • Investor
  • Fort Worth, Tx
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At a complete loss on title work legal issues.

Buck Ivie
  • Investor
  • Fort Worth, Tx
Posted

I purchased a double wide on a 1/2 acre in January/21 in Fort Worth as a flip.  Got it finished in normal amount of time and got it back on the market.  I'd bought from a wholesaler and title company that ive used before.   When i went to sell it is when i found out i have legal issues on the title.  The original owners had passed away and their children sold it.  They sold it to a local guy that had several other mobile homes in the are who then in turn sold it to the above wholesaler who then finally sold it to me.  That very first title company that worked with the heirs has since produced us an Affidavit of heirship and their warranty deed.  The state of Texas keeps telling me that i need a copy of the original death certificate from the original owners, a will and proof that the heirs had the legal right to sell.  We've told the state many times there is now will, we cannot get a death certificate as we cannot track down the heirs.  For some reason the state will not accept the affidavit of heirship to show the original owners are deceased and the heirs had the right to sale.  

At this point i'm stuck with a house i had never intended on keeping because i can't sell it because i may legally only own the land.  Any help or advice would be great.  My realtor and i are at a dead end after MANY months of trying.

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Bruce Lynn#1 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
4,398
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Bruce Lynn#1 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
Replied

@Buck Ivie   It is tough to get personal property changed to real property in order to sell after the initial install.  I won't say it isn't possible, but seems to me almost impossible and that creates lots of challenges for you.

You can perhaps sell it owner financed with no title insurance.  Might have to do that at a discount.  I think probably tough to get financing on this one.

My next threat or maybe just question to to the title company where you closed is what do I have to do to file a title insurance claim....or who should I contact about filing a claim or complaint.  That might get their attention.  Of course they may not be helpful, but you can deal directly with the issuer of the title policy and Texas department of insurance.  You pay big money for policies and this may be a good case to make that claim for damages.

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