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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35390
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My husband and I bought two lake lots in Trinity County TX

Customer Question

My husband and I bought two lake lots in Trinity County TX in 1987. We were given a Deed of Trust. We received a Release of Lien in 1994. The Abstract Co. says "Lots 5 & 6 appear to have been conveyed to seller on March 14, 1987 as a DOT referencing a
deed of even date is of record in Trinity County, TX ; however the Deed is not of record in Trinity County, TX". "It appears that Grantor no longer exists and that Grantor has no known successor to sign a replacement deed". We want to sell the property but
need a Warranty Deed. We have paid taxes since 1987. Where do we go from here?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Absent some ability to get a replacement deed based on the fact that you can find neither the original Grantor ore that Grantor's successors, in order to perfect a clean title such that you can safely provide a Warranty deed in a sale to a third party, the only legal avenue is to seek confirmation of your sole right, title and interest in the property by filing a Quiet Title lawsuit in the county where the property is located and getting the court to order that the property is yours, with no encumbrances on the property.

While the lawsuit is pretty straightforward, you would be well served by having a local real estate attorney assist you because the process of naming potential defendants and serving legal notice of the commencement of the action in court is much more complicated than simply suing a person whose identity and location you might know.

In response to your Quiet Title action, the court will issue an order that the property legally belongs to you, without liens or other encumbrances, and you can file that order with the county recorder's office and then provide a buyer with a Warranty Deed you can be assured will not come back to bite you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
how long does it usually take to obtain a Quiet Title?
Expert:  LawTalk replied 1 year ago.

Good morning,

On average, if all goes smoothly, 4 to 5 months. This is because you must spend at least two full months getting service of the lawsuit itself because with no known person to serve with the suit---because you have lost the whereabouts of the Grantor---you have to publish the summons after getting court approval and that process takes a minimum of 2 to 3 months.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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