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Texas real estate lawyer: Texas Real Estate Title Question…

This is for a...

This is for a Texas real estate lawyer:

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Texas Real Estate Title Question1. H&W hold title JT WROS to a single family home. Their homestead which has been designated by Harris County as their homestead.
2. County allowed Over 65 exemption in addition to homestead exemption since 20133. Large judgment against H only in favor of federal govt was filed in 2000 or 2001 in Harris County4. Title history:
a. H&W married since 1990
b. Property purchased by W only in 2003 and homestead exemption in effect in W’s name only from 2004 to 2013
c. A “bogus” (wife never signed it) warranty deed was recorded in 2012 purportedly transferring title to homestead from W to H&W JTWROS.5. W is now 62 and H is 776. Does judgment against H only create a title objection if H&W want to obtain a mortgage or sell the house?7. If H deeds property “back” to W does judgment “go away” as a title exception?8. If H dies before W, does the judgment “go away” as a title exception allowing W to sell property?9. Assuming the answer to # 7 is no, then can W file a lawsuit in District court to have the bogus deed stricken/declared null and void? If so, what is the name of the lawsuit, i.e. an action to strike a deed or set aside or _____?10. In such a lawsuit would H be the only defendant necessary?11. Once it is filed, to save time can H file a consent to entry of a judgment declaring the bogus deed null & void?Thank you.

Lawyer's Assistant: Has any paperwork been filed?

No

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Answered in 5 minutes by:
8/12/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,102
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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1. H&W hold title JT WROS to a single family home. Their homestead which has been designated by Harris County as their homestead.

6. Does judgment against H only create a title objection if H&W want to obtain a mortgage or sell the house?

Arguably the judgment attached to property here if it is recorded in Harris County and both parties are on title now.

7. If H deeds property “back” to W does judgment “go away” as a title exception?

No it goes with the transfer here if it is recorded.

8. If H dies before W, does the judgment “go away” as a title exception allowing W to sell property?

No once it is recorded it goes with title.

9. Assuming the answer to # 7 is no, then can W file a lawsuit in District court to have the bogus deed stricken/declared null and void? If so, what is the name of the lawsuit, i.e. an action to strike a deed or set aside or _____?

Yes suit to quiet title, the corut order clears liens and awards her legal clear title.

10. In such a lawsuit would H be the only defendant necessary?

H and federal government get served.

11. Once it is filed, to save time can H file a consent to entry of a judgment declaring the bogus deed null & void?

He could but then you have the feds here as another party and the real problem.

I appreciate the chance to help you , the suit to quiet title you will need a lawyer.You cannot deed here and avoid the judgment, it goes with the land and title.Only remedy is suit to quiet title.

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,102
Experience: Texas Attorney for 30 years dealing in real estate
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Customer reply replied 9 months ago
Thank you. When the judgment was filed in Harris county, neither the H or W owned the property.
Since the deed is bogus, why is it necessary to join the fed govt. They filed it against H's name ONLY.Maybe I'm missing something. IF the BOGUS deed from the W only to the H&W JTWROS was never recorded, then am I correct that the judgment against the H only would not affect W's title. If so, then having the deed set aside as if it never existed, would that be effectively the same as if it was never recorded in the first place?
WiseOwl58
Category: Real Estate Law
Satisfied Customers: 5,182
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Phone call session started
Customer reply replied 9 months ago
Please ask Texas real estate lawyer to call me Monday anytime between 11 and 3:30
We were talking on the tel and suddenly the lawyer was not on the line. Thanks

Thanks for rating the question 5 stars.

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Customer reply replied 9 months ago
Call was never completed. In the middle of the call the line went dead. Please ask lawyer to call me anytime Monday between 11 and 3.
Thanks
Customer reply replied 9 months ago
In Texas lawyers must be certified by the Texas Bar if they claim to be expert in real estate law

I am a Texas lawyer for 35 years.I have worked for Stewart Title as a closing lawyer and have done closings for client sin private practice.I have resolved similar liens like these.You just have to understand here that once they attach a lien to property you cannot get rid of it by deeding it to someone else.If you could do that everybody would do it to avoid them.They pass with the title.So if you transfer title the titel goes with the lien attached.You would need to resolve this with IRS to get rid of it.They are very common but you have to resolve it.You can file a suit to quiet title and serve them and dispute the lien that way too.

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Thanks for your patience please let me know if you have more , appreciate the chance to help you.

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Ray
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Satisfied Customers: 47,102
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