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Updated about 3 years ago,

User Stats

22
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0
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Jason Fang
  • Real Estate Investor
  • Houston, TX
0
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22
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Property with Title Issues - Evicting the Owner

Jason Fang
  • Real Estate Investor
  • Houston, TX
Posted

I have a property that I purchased with title issues. I have purchased most of it from the inherited owners ["the Heirs"]. The problem is that there is an owner ["the Occupant"] who previously purchased it from the Heirs owner finance but has lost the paperwork including the deed and promissory note. The paperwork was never recorded so the Occupant has no proof he ever owned the property, thus he "lost" the property. I purchased the property on the grounds of helping the Occupant recover ownership of the property. We entered into a Rent to Own Agreement but he is now refusing to make the payments and will not sign the lease. Thus, I now have to begin the Eviction process. The problem is that in court, I'm afraid the judge is going to look unfavorably on the fact that I may be evicting a real owner of the property. Once the Occupant says that he made many payments in the past, the Judge will probably throw the case out saying title disputes are decided by a higher court thus escalating the cost. What do you think I should do? Try and evict the Occupant anyway? I have tried negotiating and asking him many times to pay rent to no avail.

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