Cape Coral, FL asked in Contracts, Estate Planning and Real Estate Law for Florida

Q: about to close on a lot sellers from IL (jon doe sally sellers trust) they do not have copy of trust and cant close

title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the grantee and trustee of the trust but title said they have to see a copy of the trust to close. is there any other way around this? anything buyers can do? thanks

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: Unfortunately there is nothing that you, the buyers, can do. This is a usual and customary requirement and it is the seller’s obligation to fulfill it in order to deliver marketable and insurance title to you. If they can’t, they will probably need to go to court (which would not involve you) to straighten out the title.

Ellen S Deutsch Taylor agrees with this answer

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
  • Estate Planning Lawyer
  • Ponte Vedra, FL
  • Licensed in Florida

A: There is really nothing you can do since the title company will not close the transaction. Someone needs to find a copy of the trust documents to prove they have the right to sell the property. Otherwise you will have to have them go to court to clear the title.

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