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title defect

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CrazyBoB

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Post Posted: Mon Apr 16, 2007 4:04 pm    Post subject: title defect
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I am interested in buying a piece of property and it has come to my attention that in 1982 a husband and wife owned the property and had a private loan against it. The property was later sold and the husband signed off that the debt had been satisfied and the title is clear, however the wife was never located and all attempts have been exhausted, therefore she never signed off of the title. Now the property has changed hands several times since and her name remains on the title. I have been told that owner's title insurance could cover me on this and that I could have her name removed in court possibly. Adverse possession was also mentioned. What can I do?
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Mcguire

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Post Posted: Mon Apr 16, 2007 4:32 pm    Post subject:
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Owner's Title Insurance policy can be helpful for you and provide protection against title defects. In case somebody puts a claim, the insurance company will reimburse you up to policy amount or correct the title defect.
worden

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Post Posted: Mon Apr 16, 2007 5:11 pm    Post subject:
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Quote:
Now the property has changed hands several times since and her name remains on the title. I have been told that owner's title insurance could cover me on this and that I could have her name removed in court possibly. Adverse possession was also mentioned. What can I do?

Bob, in your situation a quiet title action will be suitable. It is a legal process used to remove all claims against a property. And thus quiet any challenges or claims to the title.
brenda

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Post Posted: Mon Apr 16, 2007 6:31 pm    Post subject:
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You should consult an attorney about use of quiet title action, so that you can get a clear title to the property.

In quiet title action lawsuit notice is given to every potential interested party which includes any known as well as unknown, through publication. If court is convinced that the current owner actually owns the title then court will issue a quiet title judgment, which can be recorded and will provide legal good title to that specific property.
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jameshogg




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Post Posted: Mon Apr 16, 2007 9:02 pm    Post subject: RE: Remove title to property
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Hi Crazybob,

Welcome to forums.

Adverse possession will not be applicable here as you haven't used and possessed the property for a number of years and have just thought of buying it.

To get the wife's name removed from the title, you need to make her sign over a quitclaim deed so that all interest that she possesses in the property is transferred over to you. But this is only possible if you are in contact with the lady or if you can locate her address somehow. Otherwise, you can purchase an owner's title insurance policy that protects you from any claim made on the title to the property.

Thanks
cyndi

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Post Posted: Fri Apr 09, 2010 10:41 am    Post subject: deed
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my house is in my brother in law and mother in law,they both have passed away and all but one of my husbands sister has signed the paper i was wondering how we can get her off the deed she hasnt lived here.we have lived here and took care of the house and paid taxes for 16 yrs what can i do
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Post Posted: Fri Apr 09, 2010 11:41 pm    Post subject:
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Hi cyndi,

If your husband's sister is on the property deed, then she will have to sign a quit claim deed and transfer the property to you. Once she does so, you would become the legal owner of the property.

Thanks
Patricia 11

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Post Posted: Sat Sep 11, 2010 12:31 pm    Post subject: Quiet Title Action
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Can you do quiet title action if the person lives by you and talks to you daily?
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Post Posted: Sun Sep 12, 2010 11:45 pm    Post subject:
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Hi Patricia,

You will be able to do a quiet title action though a person lives by you and talks to you. Contact a real estate attorney and he will guide you further in this regard.

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InaBind

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Post Posted: Wed Feb 16, 2011 11:16 am    Post subject: On a joint title with Grandmother
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I'm on a joint title, with my grandmother. She has now progressed into severe Alzheimer's(diagnosed by doctors) and has had Catscans and they say she has artery blockages in the brain. She gets violent, steals things and forgets it, and even verbally and physically assualts people and then completely forgets about it. How can I get her off my title and have a sane and enjoyable life again?
Icon Mini Profile smithsussane
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Post Posted: Wed Feb 16, 2011 10:11 pm    Post subject:
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Hi InaBind!

Welcome to forums!

Your grandmother will have to sign a quitclaim deed and remove her name from the property deed. However, as she is ill and won't be able to sign, you should contact a real estate attorney and take his help in removing her name from the property deed.

Feel free to ask if you've further queries.

Sussane
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