Lolita, TX asked in Real Estate Law for Texas

Q: Wells Fargo Bank failed to give a clear home title and now I can't sell the house. What are my options?

Adverse Possession?

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3 Lawyer Answers
Nina Whitehurst
PREMIUM

A: There are way too many missing facts for any attorney in this forum to be able to answer your question. You should gather up as much information as you do have and schedule a consultation with a real estate attorney in your area.

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If you bought a buyer’s policy of title insurance when you purchased the property from Wells Fargo, you should make a claim against the title insurance company.

If Wells Fargo gave you a general warranty deed, you can sue Wells Fargo for breach. The “warranty” in such a deed is a warranty of good title.

But, if you bought the property in a foreclosure sale, you were taking the risk of any defects in title and you will need to directly litigate against whomever has a claim to clear the title. That risk is why you usually pay less in a foreclosure sale.

Jaime Victor Papa
Jaime Victor Papa
Answered
  • Plano, TX
  • Licensed in Texas

A: I would need to learn more about this case, but I would start with the title company and if that is not possible I would review the details of your transaction with Wells Fargo.

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