Hi guys. I’ve got a quick question for the community.
How deeply does everyone dig into chain of title? Do you guys ensure title is “insurable” by a title company on the buy-side so that a future buyer won’t have any problems using a title company?
I ask because I think I may be digging too deeply into title and destroying a perfectly good deal. Here’s the situation:
The seller’s mother and father shared title to the property in 1964. The father passed in 1975 with no will. The mother quit-claim deeded her interest in the property to the seller in 1980. The problem is there’s no mention of survivorship rights on any deed. That means Texas intestacy laws apply. So, to cure title, I’m trying to file an heirship affidavit for the father along with a deed signed by the seller and her sister…sigh
The thing is, the county has it as being in the seller’s name for 38 years now. Should I just draft the deed, have her sign it and move on? What would you guys do?
Thanks in advance.
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