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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42846
Experience:  Texas Attorney for 30 years dealing in real estate
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If my contract wasn't filed in the court house but is

Customer Question

If my contract for deed wasn't filed in the court house but is notarized it's still good right? And if the seller passed away could the new owner run u off with a eviction
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Seller here is in default for not recording.Section 5.076(a) states that "the seller shall record the executory contract, including the attached disclosure statement . . . on or before the 30th day after the date the contract is executed."

So here you should go on and record the contract.This would cloud the title and prevent any sale or eviction.As long as you have complied with terms of the contract for deed--called "executory contract" in Texas these days you have rights here under the contract.

Your next step is to record the contract in the county deed records with the county clerk.Make copy of the contract and keep in your records.Once recorded the contract is returned to you by mail.

I appreciate the chance to help you today.Please let me know if you have more follow up.

If you can leave a positive rating when we are done it is always much appreciated.


Expert:  Ray replied 1 year ago.

Thanks again.