MY MOTHER HAS LIVED IN AND PAID TAXES ON A HOUSE OVER 30 YRS, NOW THAT SHE IS OLDER SHE WANTED TO GET HER

Johnette
Other/Just Looking
77803

AFFAIRS IN ORDER. AFTER RESEARCH , SHE WAS TOLD THERE IS NO RECORD OF A DEED. YEARS AGO A TITLE COMPANY INSECURED THE PROPERTY WITH A DEED OF TRUST FOR REPAIRS DONE (FINANCED THRU A LOAN CO). WE DON'T KNOW WHAT TO DO NEXT.

Answers (3)
Margaret T Hatc...
Agent
Montgomery County, TX

Johnette,
Sound like he Deed of Trust wa not Filed. The starting placewill be at the same Title company and their archives.
Margaret

Tue Aug 18 2009, 09:15
Kristi Fox
Agent
College Station, TX

Hi Johnette,
You could get an attorney, etc. as the other REALTOR® mentioned. However, you mentioned something that makes me think there has to be an easier (cheaper) way to do this. You said a title co insured a loan years ago and that there was a deed. Perhaps you are not finding the deed because the name is spelled wrong or the address is wrong. There could be lots of reasons. Email me at kristi@century21bcs.com and I will get some more information from you to help you get to the bottom of this. If it turns out that at that time there wasn't a deed, which I find VERY HARD to believe since she got a loan, then I can get you in touch with an affordable attorney. However, I do not think it will come to that. Banks will NOT LOAN money on a house without the appropriate title work, which includes a deed showing ownership. My guess is that it is lost! My phone number is 979-255-5369 if you would like to speak about this. I love a challenge and I would love to help you get to the bottom of this! This is what I am here for!

Kristi Fox

Tue Aug 18 2009, 08:11
Myke Leatham
Agent
College Station, TX
FIRST ANSWER

Did you know that squatters have rights? It's true. Even though your mother is obviously the owner of the property, with or without a deed which has been recorded at the court house, she has been in possession of the property for longer than is required to legally claim the property as her own. Look up squatters rights in the state where you reside. Then contact an attorney to get things recorded correctly. Who has been paying taxes on the property all this time? The law is that of "adverse possession". And in Texas the period is three years. Contact a lawyer because there are many ifs and buts and it's pretty much case by case basis when it comes to adverse possession.
Myke

Mon Aug 17 2009, 20:22

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