Legal Question in Real Estate Law in Texas
found no deed on record
My mother who is 84 bought a business back in 1972 has lived there until 2005. She can't find the deed. We found out that there is no deed on record. The lady who sold it too here is deceased and also her living heirs.
What is the next step. We have a signed agreement. Plus mothers been paying the taxes since 1972. The property was paid off some time in 80. We wish to sell the property.
Is this an expensive process?
2 Answers from Attorneys
Re: found no deed on record
If you can't get a deed from whomever the seller's heirs are, you'll have to file a lawsuit to clean up the title. Figure $10,000 - $20,000 in legal fees.
Re: found no deed on record
You say "business," but does that include real property? If not, then a bill of sale for the assets of the business is what you should be looking for. Those assets would be considered personal property. If it included real estate or real property, the easiest way is to get a deed from the seller. If the seller cannot be located or is unwilling to cooperate, then you will need a court order declaring your mother the owner. The facts of the sale are proven up in court and the resulting court order is filed in the real property records which completes the chain of title. If there is no opposition to ownership, I think an attorney should charge in the neighborhood of $5,000 to complete the case.
One last thing - if the seller of the business had any judgments or tax liens filed against him or her, then your mother may have problems with the title. Also, if title had not passed, then they could have further encumbered the property. Let's hope they are honest and that they pay their bills!
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