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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55717
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Ok, copy that. What would be the best way to secure the land

Customer Question

Ok, copy that. What would be the best way to secure the land until probate is finished and I can get a clear deed?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.

First, thank you so much for the excellent rating! I know rating takes an additional step and I truly appreciate you taking the extra time! Also, thank you for your kindness and generosity in giving me such a nice bonus!

What I would do is enter into an earnest money contract with the executor of the estate and any beneficiaries. You want the earnest money contract to provide for specific performance in the event of a seller default. If you get the consent of the beneficiaries to the estate, the executor can close the sale of the property as part of the probate process. Once you get the signed earnest money contract, you can record it in the real property records of the city/county in which the property is located to provide public notice that it is subject to a contract and if they try to sell it out from under you, you could then file suit to enforce specific performance and file a lis pendens (fancy legal term for a lien in this situation) on the property to prevent them from selling it.