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Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6722
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Earnest money given on faith. No receipt. No name on title.

Customer Question

earnest money given on faith. No receipt. No name on title. Pending sale of property by other party.
How can I get my name on title?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome to JA and thank you for your question. Who did you give the earnest money too? Under the statute of frauds all real estate contracts must be in writing to be enforceable. Do you have a written and executed contract? Who is the seller? The contract should require a title search and the seller would need to sign a deed at or prior to closing. Can you explain a little more?

Customer: replied 1 year ago.
The money was given to my daughter. No contract with her but a receipt [bank draft] for the mo.ney paid to the seller. The daughter should have the title but my name is ***** ***** it, I presume. ...it's not on the tax info.
Expert:  Attyadvisor replied 1 year ago.

Did you actually pay the total purchase price? Generally the deed is transferred at the closing which is handled by a title/escrow company. The company prepares a search for any liens on the title to make sure you, as the purchaser, are receiving free and clear title. For example they check that no mortgages, liens or unpaid taxes have been filed against the real property. Is your daughter the seller? Have you had a title search performed? The seller will need to prepare a deed that will be recorded on order for the title to be transferred into your name.

Expert:  Attyadvisor replied 1 year ago.

You become the tax payer of record once the deed is recorded naming you the owner.

Expert:  Attyadvisor replied 1 year ago.

Are you still with me. I wanted to make sure you have checked to see if the deed was recorded.

Expert:  Attyadvisor replied 1 year ago.

Please ignore the additional services request.