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All Forum Posts by: Leila Rose

Leila Rose has started 1 posts and replied 2 times.

Originally posted by @Jerel Ehlert:

Title transfers on execution, but good against the world when published in the real property records.  Unfortunately, you need a title company to issue policy.  Look for a fee attorney (a lawyer-run branch of a title company).  They have more reign to underwrite their own policies.  Hit me up if you can't find one you like.

The alternative to probate is a declaratory judgment.  Might shrink the timeline down by a few months.  Either route will depend on how the courts in your neck of the woods is handling cases in a COVID-19 environment.

Thank you so much for your input! Will do  

I would love to close my first deal, but the title company is giving me crap...Or are they?

Scenario:

We have a property under contract with Adam in Texas. Adam’s common law wife Jenny signs a warranty deed (which was notarized) over to Adam prior to her passing in 2005. Adam does not record the deed until 2013.

Title company is saying the deed isn’t valid because it was recorded after Jenny’s Death. I thought that the property was transferred at the time the deed is executed. I have been reading up on this as well. Title is saying property is transferred at the time of recording and that a deceased person cannot transfer property. Not sure what to do now 😕