Anyone familiar with deeds and real estate?

edcopp · #21 12/14/07, 04:38 PM

Quote:

Originally Posted by nathan104

Well, I lost the property. I called a couple of real estate lawyers and they all said that even if it says and/or, both need to sign because Texas is a community property state. SO, told them that and they said that they called their bank and being as the employees know them very well, that the notary would call the husband on the phone to verify he signed it and then notarize both signatures. I was fine with that. As long as it was signed by both and both were notarized.

I drove two hours there today and then the bank tells them that no, that will not do that. The seller (wife) insisted both were not needed and got very upset with me. Even the notary at the bank told here she talked to the title company and they said they would not process with only one signature. She got more upset and proceeded to tell me how they have 23 properties and have doen it with one signature selling them many times in the past. If I wanted the place, I was to hand over the money, only she would sign it, and that was it. SO, I said no thanks and drove the two hours home.

The lawyer told me that the courthouse would file the deed, but if anything ever came up, I would not be the legal owners because it would not be legal without both of their signatures. So, if I decided to sell it in the future, a loan could not be had on the place and title insurance could not be issued because the title was not clear.

I hate that I wasted 4 hours driving and $30 in gas but, thats a lesson learned.

Thanks to everyone for all the help.

Now you know how to do it legally, and it only cost you $30. Cheap lesson indeed.

jassytoo · #22 12/14/07, 04:39 PM

Sounds to me like the wife knew something you didn't.If not, why all the fuss and rush? It wasn't like you didn't want the place. 30$ and 4 hours is a cheap price to pay for peace of mind.

kasilofhome · #23 12/14/07, 09:22 PM

I am still in question if the "husband' was really her "husband" and the same man mention on the title.

I know that there once was a man who bought his daughter a condo in Vegas for a college grad present. Both names were on the deed. Mr ss a married man and miss ss a single woman. The daddy meet a honey blew the money and sorted a bit, needed cash for the honey so the prop was sold by daddy and honey signing the deed. The daughter was greatful to be rid of the daddy and used that knowledge of the deed to get a great cut on the sale of a businsess which was not as easy to unload as a condo which she use to fund her mother's divorce lawyer (made a great mother's day gift and had the papers served on father's day. It was funny.

quietstar · #24 12/14/07, 09:25 PM

Nathan..It sounds like you handled it really well. Do you agree the whole thing smells of attempted fraud to the tune of your cash purchase price? Now I worry abour some other hardworking couple falling for the scam and wiping out their savings. There is a good chance the DA will be looking for these people sooner or later. You could call his office with a heads up so they can investigate before that happens. The price was likely high enough to put it in the Felony class if they are attempting to scam citizens. Good judgment on your part...Glen

mary,tx · #25 12/14/07, 10:20 PM

This thing has red flags all over it. First off, you need to get a contract signed by all parties, and require title insurance to be provided by the seller. A third party should receive your earnest money check until that can be furnished and all paperwork taken care of.

It appears that you are in Texas. This is a community property state. It sounds awfully like you are about to be swindled. One party cannot sign the deed. There are too many things wrong with this. My strong advice is to do it right or run in the other direction.

mary,tx · #26 12/14/07, 10:22 PM

Sorry. I guess I got in such a hurry to post that I missed seeing that the deal was already off. Count yourself lucky on this one. You just got saved a big loss.

daytrader · #27 12/14/07, 10:24 PM

Quote:

Originally Posted by Kathie

I worked for a title company that was owned by an attorney. Even if the person selling the property owned it before they got married, then got married and sold the property, they REQUIRED the signature of the spouse. This just took care of any claims on down the road in case of divorce, etc.

While working for the title company did you rep your clients in court?

Hoop · #28 12/15/07, 05:43 AM

Wise choice Nathan.

The bums rush to grab your money reeks of something that just isn't right. Reasonable people have no qualms at all about issuing title insurance and signing the requisite forms. Its not like the husbands signature costs anything.

While these may be legitimate people, actions like this are exactly how con artists operate. Thank goodness you walked away from purchasing "damaged goods".

Just for fun, keep an eye on this property in the future.

Ken Scharabok · #29 12/15/07, 05:49 AM

"SO, told them that and they said that they called their bank and being as the employees know them very well, that the notary would call the husband on the phone to verify he signed it and then notarize both signatures."

I'm not a notary, but I suspected that would violate their rules. I am also well known at my small local bank but when I use their notary services I still have to present a photo id.

tamatik · #30 12/15/07, 06:18 AM

"Even if the person selling the property owned it before they got married, then got married and sold the property, they REQUIRED the signature of the spouse. "

My wife got in a huff a few yrs ago and left for florida..forever..

Many months later I went to sell the farm (in my name only) and the lawyer said I needed her signature because she had lived in it for 5 months. (matrimonial home) I had owned it for 7 years before we got married.

It sold.. with her sig.. and now she,s back..apparently her sister was harder to live with than me.

rambler · #31 12/15/07, 07:16 AM

Obviously you wanted the property, so sorry this snag came up & bit you. I think you were wise to walk away, either these are very proud people (another way of saying stubborn) or they are pulling something. Either way, they are asking the buyer to hold the bag.

--->Paul