Jefferson, IA asked in Real Estate Law for Texas

Q: Title company says relative may have interest in a house I am selling (Texas) Name, age, or address unknown.Remedy?

Offspring of cousin who died over 35 years ago but may have had child with unknown person he was not married to. No one in the family has any more information but will not sign an affidavit of heirship because they do not want to sign legal statement when details are unknown. Title company will not clear title, but says they don't know what to do.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: If you cannot prove your source of title now as the sole owner, then get out of the contract you are in and sell the property to someone else. There is no such thing as a perfect Title. A Quiet Title Action will probably not help you. An Affidavit of Heirship should be sufficient, but you will have to find a willing Affiant, and it does not appear you have found anyone with sufficient information. You may have to make the Affidavit yourself.

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