Katy, TX asked in Real Estate Law for Texas

Q: My mother wants to renovate her home but another individual is on the title with whom we have no contact/can't locate.

(State of Texas)

Are there any options to remove an individual from the title? We have a signed quit-claim deed from the individual but we are told it doesn't hold any legal merit in TX. Can my mother sell me the home to transfer title status, or perhaps refinance to get a new contract without the individual?

I'm flabbergasted there isn't a contingency in place for a scenario such as this, but I'm continually told this individual must be present to sign necessary documents.

Do I really have to go call up DOG the bounty hunter to go find this person?

Thanks for any help and advice!

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1 Lawyer Answer
John Cucci Jr.
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Answered

A: I would need to see the Quit Claim deed to tell you if it has transfrerred an interest in your property. But Quit Claim deeds do have the ability to transfer title. Whoever told you a Quit Claim deed is worthless in TX does NOT know what they are talking about. Obviously, not an attorney. If it was an attorney. . . Run!

The name of a deed is not as important as what it says in the document. Quit Claim deeds are a valuable tool in some instances.

If the deed is of no value or does not properly transfer what you paid for, there are alternative methods that can fix your situation. You should gather all of the documents, contract, canceled checks and receipts, property tax receipts, that were part of the transaction. Then you should take all of that info and see an attorney that knows Real Estate Laws and Litigation. Do not wait, act immediately. You may not need to do much, or you may need to file a civil lawsuit to Quiet the Title.

LMK if I can help you further. I would need to see the deed to even start to help. Another important matter is: Who has been paying the taxes? Hang in there, there is a solution for you.

1 user found this answer helpful

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