Orange, TX asked in Real Estate Law for Texas

Q: What are my options, if after purchasing a home, I discovered that it was never titled to me?

I purchased from a company that owner finances homes and the home is still titled to the previous owner 5 years later.

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

A: Your rights depend on the contract you signed. I've seen these deals done with standard TREC forms, which requires that the buyer get a warranty deed, and I know they're sometimes done on different terms, such as a contract for deed, or what is is now being called a "subject to" sale, where the original mortgage is not paid off (which is almost certainly a violation of the terms of the mortgage.)

Take your documents to a lawyer for review to determine what your rights are.

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