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Updated almost 9 years ago on . Most recent reply

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Tony F.
  • Investor
  • California, CA
26
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117
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Title Company Declined Title Insurance-- Please help

Tony F.
  • Investor
  • California, CA
Posted

Looking to buy a piece of raw land in California. It is a really nice parcel that I really want to find a way to make it happen. Title company has issue with the title transfer from the sellers relative who grant deeded that parcel to the seller, later the same day as the relative signing the deed over they passed away. Grant deed was notarized, recorded a few days later at the court house. This was 8 years ago. Called notary he didn't remember specifics, but says he would not have notarized if the relative wasn't cognitive of what they were doing. Title Company says they will only insure the sale if the current seller goes to all the heirs of the relative who gave it to him, and gets them to sign off rights to the property. Seller doesn't want to "wake a sleeping bear", and says he won't ask them to do this. I want to make this work, but also want to put money into the property in development and don't want to risk issues down the road. Please Help?

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
63,745
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43,154
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

@Tony F.  I have just started doing deals on the east coast ( 3 years ago) were titles are MUCH older than out here in the west coast especially recent lot block subdivision type properties.

Very common occurance for us these days I have 2 going now ( quiet titles) for the same reasons some relatives were not notified they need to sign off.. of course they can't be found and are probably dead.

Seller inherited property.. old owner never bothered to get divorced or probate estate etc.

Not sure the value of the asset in question so the value proposition is very real. Me personally I may put up some EM and then pay to quiet title .. If I don't close the seller gets a free quiet title action. but I would not buy and make payments .  unless it was a recreational type property were my sole purpose of buying was to just recreate on it and I don't care when and if they ever get title.. or its ag or forest lands etc were titel does not disturb my ability to grow asparagus and then harvest and sell said asparagus

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JLH Capital Partners

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