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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53705
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I currently am half owner of two undeveloped residential

Customer Question

I currently am half owner of two undeveloped residential lots. The other owner is my father. The lots are in his name. He inherited the lots from his mother. The lots have back property and HOA dues owed.The lots are paid for. I am unable to locate a deed. Properties were purchased in the early 70's, no deed on record at the court house. I am making pymts toward the back taxes. My question is: How do I get a deed for the purpose of selling the properties, if that opportunity arises? What should I be concerned about with regard to unpaid taxes and HOA dues. My fear is that someone can come along and take properties.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Richard replied 7 months ago.

Good morning Dan. My name is ***** ***** I look forward to helping you.

Can you provide me just a bit more information? When you say that you went to the courthouse and there was no deed on record, what do the real property records indicate as to the ownership of the property?

Customer: replied 7 months ago.
Good Morning Richard
Real property records indicate my father is the owner of properties (two lots).
Expert:  Richard replied 7 months ago.

Thanks for following up. Is your dad willing to acknowledge that you own 1/2 of these lots?

Customer: replied 7 months ago.
Expert:  Richard replied 7 months ago.

Thanks. You don't need the original deeds. As long as the records indicate your father is the record owner, that's going to be sufficient for him to transfer the properties. So, first, your dad should sign a quit claim deed transferring an undivided 1/2 ownership interest interest in the lots to you. That deed should be notarized and then recorded in the real property records. Then, to sell the property, you and your dad will need to sign a warranty deed to your purchaser transferring title to the purchaser. If your father wants you to handle this on his behalf, he can give you a Limited Power of Attorney authorizing you to act and sign on his behalf.

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