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Updated about 10 years ago on . Most recent reply

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Alex Gitman
  • houston, tx
1
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22
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Please Help !!! trying to understand Title Insurance

Alex Gitman
  • houston, tx
Posted

Hi All,

I singed a contract last week on buying a lot of land. When I was talking about it the guy who flipped it to me told me that previous buyer backed out because previous buyer could not get title insurance from the title company.

what I was told:

Property has two heirs one of whom is dead and second one they tried to track down but could not find it him.

Property is coming with warranty deed. 

We agreed to close via lawyer who would do all the paper work and filing. 

I was told that I would not be able to get title insurance because exact same thing would happen to me as to the previous buyer. He also showed me the paper work on title search and sure enough there was 2 hits.

I tried reading online as to if this is still ok or not but thought maybe I should ask someone as well, I would appreciate any feedback.


Thank you

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,509
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

@Alex Gitman 

The guy selling you the property does NOT own it.  The heirs, and their heirs, do.  The Warranty Deed is useless, since the actual owners are not the ones selling it to you.  The TREC surely requires clear and marketable title, which would be Eligible for title insurance.  What is the "seller's" relationship to the heirs?

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