Warranty Deed Puns

There's a lot of ambiguity here and I'm not sure where to start. My mother in law was diagnosed and died of cancer. She and my father in law purchased a house with an advance from the life insurance company. (Not sure if it matters but this house was purchased with a wrap around mortgage and we are located in Texas).

Now, my father in law is trying to sell the house and apparently is running into some trouble at closing. There was some discussion over the past month or so about my mother in law not having a will. The thing is we are about 99.9% sure that she DID have a will.

My father in law is scheduled to close on Thursday and reached out today to ask us to sign a warranty deed. The language in this document is a little confusing and makes it seem like my wife is selling her share of a home to her father for "$10 cash."

To make matters worse he recently started dating a 23 year old (he is 50+) with very expensive taste. This has caused a lot of friction in the family. His response today was to tell us that we only care about money and he's not interested in the money from the sale and that we can have it all (we estimate about $120K split between 3 siblings after the remainder of the mortgage is paid off).

I think we're pretty well done with my FiL and will be severing ties soon but I'm not sure how to proceed with this document. My goal is to find a lawyer to look at this doc tomorrow and advise me on its implications but figured maybe I could get some help here.

Should I just sign so he can sell it and love on? If we don't sign does that have any negative implications for us?

I'm so confused and irritated that he threw this at us with a one day turn around. I appreciate any and all help.

I’ve got a crazy deal pending.

Seller shows up to her vacant house during our showing and talked the entire time about her last two deals falling apart, uncovering everything revealed in the previous inspections, on and on.

Buyer, against my advice, starts negotiating on the spot.

230k purchase price. Cash of 155k at closing, but 75k is being carried by the owner at a 4% interest rate. They keep calling it a construction loan. Contingent on the sale of buyers home in another state. 90 day close. 90 day early occupancy. $4500 paid by buyers up front for the early occupancy. Buyers are willing to close when the other home sells and still honor the $4500. (What?!)

I’ve expressed all of my concerns with this and reduced everything to text with my buyers. They ignore my concerns and still want to proceed.

I need clarification on two pieces. Yes I asked my broker.

My broker offers little advice and tells to me to do what my client says. He tells me I worry too much.

1. Isn’t this owner financing, simply put? I’m not understanding how it’s a construction loan or if this is moot. The offer reads “special financing, $155,000 cash at closing, $75,000 owner financed. See separate contract.” Separate contract to be executed by an attorney because I can only fill in blanks.

2. The seller let our insane offer expire namely because I asked for the warranty deed. Imagine that. She doesn’t have a general warranty deed. She only has a special warranty deed because she bought it at a non judicial foreclosure sale. Since we know not all liens are wiped out at an auction, it would have to be asinine to take early occupancy on a special warranty deed. Am I alone in my thoughts on this? Broker says proceed.

Not to mention the house has been vacant for at least three years and has critically deferred maintenance all over. I’m expecting a terrible inspection too.

Thanks for the review.

As the title says, my 73 year old father’s house was stolen by a con man who either stole the physical original deed from my father or used the information provided by online public records search to create his own warranty deed. The con man then forged my father’s signature on the “grantor” line (it is obviously a forge, as I have a sample of my dads actual signature from his driver license and it looks completely different) then, after having the deed notarized, filed it as public record. He then turned around and sold the home to another family and apparently pocketed the profit.

Due to his failing health, my dad had been staying with my brother across town from his house at the time this was going on.

I live in Colorado, not Texas, so I only found out because my brother (who does still reside in Tx) went by the house one day and saw the family living there. He stopped to ask what they were doing, and they informed him that they had purchased the home for 45k off Facebook Marketplace!

Alarmed, my brother started looking for the original deed to the house but could not locate it. So he went to county clerk’s office and obtained copies of the chain of ownership of the property.

Sure enough, we could see that someone forged my dads name to gain ownership to the property on 8/2019 and then sold it to a second party in 9/2019. Another interesting thing about this pertains to the notary public. Someone told me that if there is an issue with the notary, it might invalidate the whole transaction so I searched for the notary on the TX Secretary of State website in hopes of filing a complaint. I searched by both full name and notary ID...and cannot seem to find the notary. Is forgery of notary stamps a common thing??? I AM going to call the notary public unit of TX tomorrow to see if I can confirm that this notary is/isn’t a real person.

I know enough to know that I will definitely need to speak to a real estate lawyer...but am wondering if, considering my dad’s signature on the deed is forged and the notary public does not seem to exist...does it seem as though I may have a good case here? Would I have a chance in getting the house back? Is something like this going to cost a ton of money? I have some money but not a whole lot.

My dad has owned his house for 30 years, and I cannot simply let it go.

Please help!

Hello r/legaladvice,

I’ll be short, a family member expects to pass in a couple years and would like to add me to their land title.

I at first started looking into JTWROS forms for my state, but couldn’t find anything exactly worded as such. But I did find two forms that seem to apply: Warranty deed survivorship or Transfer on death deed.

So basically, in a bit more detail, the family member says there’s no guarantee the mortgage company won’t demand the full principle of the loan upon their death (which I don’t have). But if we become JTWROS then I’d already be a co-owner and the mortgage company might just let me continue the mortgage payments in my name.

My county no longer handles their forms and directed me to a site that sells the forms, I believe what I’ll need to file is in there but I’m not sure about which one I would need.

The website link is http://www.stevensness.com/collections/deeds

Can anyone offer any insight into this situation? Because I’m getting confused which is best suited to us, TOD, WDS, or Quitclaim.

Thanks in advance.

My husband and I purchased our home in March of 2020. We found out in December, when attempting to apply for a homeowner exemption, that our property shows it is still owned by the previous owners. We later found out, after multiple calls to our mortgage company, real estate agent, and title company that they never filed our warranty deed with our local county clerk or the appraisal district. We have been in contact with the title agency for over a month, and they have yet to send our warranty deed. Last week I was advised that it was overnighted to the county clerk, but their office states they have never received it. I asked for proof it was sent from the title agency, was told they would send it to me, and I have yet to hear from them. I have sent multiple emails without a response, have never received calls back from the voicemails I have sent, and have a very difficult time getting in touch with the title agency; most of the time when I call I get a voice message that states “We are unavailable to take your call, please leave a voicemail.” Their office is located over 5 hours away from me, but my husband and I are considering driving there to see what can be done. In the meantime, is there anything we can do from a legal standpoint due to their negligence? Also, if I am unable to file for exemptions due to this holdup, am I able to sue? We are truly lost on what to do at this point. TIA

Edit: I live in Texas. I also know the warranty deed was not filed as our state has a land records webpage, where you can look up this information. It is still listed under the previous owner. The title company also admitted to me, in a phone call, that they had for some reason not filed the warranty deed. Only my deed of trust was filed and is on record

Divorce was final in October. I was awarded the house. I refinanced, closed, paid her out, and took possession in February. I received a call from the title co. today that she hadn’t signed the warranty deed yet, removing herself from the title.

I sent a letter to her lawyer, but I don’t even know if she is still working for my ex. What else can I do, besides getting my lawyer involved again (as that gets expensive quickly)?

I know I can ask her to sign it again, but based on previous experience, I know she won’t. She was supposed to have done this 2 month ago. In fact I thought she had.

I was told that when you look up a property and it says under deed type - “Warranty Deed” that means the house is free and clear. Is that true?

My ex and I have been divorced for 3 years. I was awarded the paid off house and he signed a special warranty deed. I’m trying to sell now but the title company says my special warranty deed isn’t what takes his name off the title or deed and he still has to sign off. He’s now refusing to sign it and we were supposed to close yesterday. What is the point of my special warranty deed then? And how can I get his name off of it?

I live in Texas and purchased a home prior to getting married and signed the deed with only myself on it. I ended up getting married, but have been separated from my wife (still married) for almost 6 years. I am now trying to sell my house and they are asking her to sign the Warranty Deed document but she is refusing because I originally purchased the home on my own and she is not on the deed. Is there a document that she can sign giving me all her rights? Do I have any other options to get around this? I am filing for divorce now, but who knows how long that might take and I don't want to lose the buyer in the process. Any help would be GREATLY appreciated!

It's possible I just don't understand what a Warranty Deed is, but it seems to grant the house to both my Father and Uncle

Warranty Deed (with names/addresses removed) https://i.imgur.com/iv0jpHT.png

1. In 2013 my father, uncle and grandmother had this warranty deed signed (above)
2. Grandmother passes away.
3. My Uncle says the house is in his name, and not my father's. He says he changed this about 5 years ago (2014 or 2015?)
4. I don't see any documents in the county online database to show that anything was changed.

Should we call and check with the county? Could the warranty deed have been changed by just my Uncle and Grandmother (she had dementia in later stages of life, diagnosed by doctors and was taking medicine for it).

I organized an llc a few months ago and am now transferring my 2 rental properties to it. The paperwork is pretty straightforward. Do you guys use a warranty or quitclaim deed? My properties are in Texas. Thanks!

I can never remember them all, but I know there's 6!

I was going through a ton of papers, making sure I had my title to both cars (found them both), social security card, birth certificate, etc. and I was looking for the title to my house.

All I could find for the title was a warranty deed and some other various papers related to the purchase of my house.

For what it's worth, I never had a mortgage. I just bought it with cash, not sure if that is relevant.

Please help me put my mind at ease, thanks in advance!

Location Gwinnett County, GA.

Background: In the process of refinancing my home to a lower rate and short length mortgage. The mortgage company (QL) is having a issue with my property address in one city and the mailing address in a different city. The reason for the differences is the city where my home is does not have a post office, so my mail address gets the other city's name and zipcode. That pretty common with rural homes in unincorporated areas of counties. If you put my mailing address into Google Maps, it shows the satellite view of my home. But for some reason the mortgage company is hung up on it.

Now for the legal question/concern. I have a copy of the General Warranty Deed filed with the Clerk of the Court for my county of residence. It lists the right plat book and page, but for physical property address it list the mailing address. What are the implications of the property address not matching the plat book and page? How do I go about getting it corrected? Clearly this is becoming quite the issue with me refinancing I can only imagine what it would be like if I was selling.

Jim

What is a "Limited Warranty Deed"? I'm having a hard time finding a straight answer thru Google.

The home was not a foreclosure, it wasn't bank owned - just a traditional sale of an SFH.

Thanks in advance, everyone.

I'm looking at a warranty deed from the 80s that specifically transfers a "tract or parcel of land," and it was sold for $164,000. Would this have included any house that existed on the property?

I don't know that there was a house for sure, but it seems odd that a couple acres of land by itself would fetch that much. Is it normal not to specify any house when selling a property, and to just mention the tract of land being sold? Do home purchases normally work this way?

Insight would be appreciated. Thank you.