Legal Question in Real Estate Law in Texas
My mother-in-law and father-in-law bought a 2.78 tract of land in Montgomery County Texas back in the 1980's. My father-in-law died back in 1987, and my mother-in-law finished paying the land off in 1991. She was not issued a warranty deed after paying off the land, and since then, the land company they bought it from went out of business. There was not any transaction ever recorded with the county clerk either. How does she go about getting a warranty deed as she is updating her will?
2 Answers from Attorneys
There is no easy answer to your question. If the Montgomery County Appraisal District probably sends the property tax bills your mother, then they have some information that your mother has a deed. When your parents bought the land, they probably received a warranty deed and a deed of trust. After the mortgage was paid off, your mother should have received a release of lien, and it should have been filed in the property records of Montgomery County.
You should probably seek the advice of a real estate attorney in Montgomery County.
To perfect her interest, she will need to contact and attorney and obtain a declaratory judgment that can be recorded in the real property records that "declares" her the owner. The facts are in her favor, but it will cost a little money to do this.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
