Whole Seller filed an affidavit of contract then disappeared

[Joe S.]

So I get a call from the seller and go to the property and contract it. I get word back from the title company that someone had filed an affidavit of contract about a year ago. I discuss this with the seller and he says that whereas he could not get clear title a year ago due to probate issues that the seller and whole seller agreed to part ways.( sellers side of story).

It appears that the person that filed Affidavit a contract must of been a Whole Seller with a generic LLC. Think last name LLC. The seller has tried the phone number of the Whole Seller and Whole Seller does not answer, does not have a voicemail set up, and does not respond to text it appears.

What can be done to clear this cloud of title in the most cost-effective manner?

[Account Closed]

Quote from @Joe S.:

So I get a call from the seller and go to the property and contract it. I get word back from the title company that someone had filed an affidavit of contract about a year ago. I discuss this with the seller and he says that whereas he could not get clear title a year ago due to probate issues that the seller and whole seller agreed to part ways.( sellers side of story).

It appears that the person that filed Affidavit a contract must of been a Whole Seller with a generic LLC. Think last name LLC. The seller has tried the phone number of the Whole Seller and Whole Seller does not answer, does not have a voicemail set up, and does not respond to text it appears.

What can be done to clear this cloud of title in the most cost-effective manner?

It's common for people to call themselves a wholesaler, do one deal or less and disappear. It's a very tough business and people under estimate what it takes to be successful.

If title has held up the transaction based on the affidavit there are a couple of options I can think of
1. Find a title agent that will do an exception around the affidavit. Some title companies recognize what happens and have a procedure to deal with things like that.
2. Hire an investigator to locate said person and have them sign a release.  Of course, you always face the possibility they will want a fee as a wholesaler.
3. You can have an attorney do a Quiet Title Action to clear them off. (That takes time & money)
4. You can buy the property subject to the defect and get an indemification letter from the seller. 
5. You can buy the property "Subject To" outside of escrow and over time get the cloud on the title removed and then close properly. 
6. You can go to the local Deli and have some wings and ponder your options.