Legal Question in Real Estate Law in Texas

Re: How to get legal title

A search of the deed records should show where record title is held. Information on who was receiving the payments may also be important. Take that information with the records of the payments and any documents you may have and have an abstractor or a title company research the title. As it is sixty years old, this could be a time consuming task. Issues of adverse possession may serve to protect you in some respects. Once you have a clear picture of the record title (with any heirs, etc...) you will know whose signature is required for any deeds. If you do not have a real estate lawyer with a title company in you lodge, you might wish to seek a real estate lawyer associated with a title company to assist you in this matter. Paying a mortgage for sixty years is not a common thing and a lawyer should be involved in resolving your situation.

Re: How to get legal title

There has to be something in the records of your lodge as to how the property was acquired. Assuming that record was lost in the fire, then you can check the real property records in the county clerk's office and see what items are filed there. A local title company can assist you with this task for a fee. Once you've discovered what's there, a real estate lawyer can assist you with clearing the title. If there is no record, but you can prove that you've paid taxes and maintained the property long enough (and it appears from your pattern that you can) you can institute an adverse possession action in your local county court. This is an action in which you ask a judge to declare your lodge as the owner of the property. You can then file that order in the county clerk's office, and use that as proof of your lodge's ownership.