Expert: Dick Dennis - 2/9/2010

Question
QUESTION: Hello,
I live in Texas, and I was engaged last year and me and my fiance bought a house together and both our names was on the warranty deed and she got the loan, so her name went on the deed of trust also. we separeted after a year and she disappeared on me and sold the house on her own without notifying me.
my question is that, how was she able to sell the house while my name was on the warranty deed as an owner?
I called the title company and they told me she re-filed the warranty deed and cuz her name was on the deed of trust, she was able to take my name out from the warranty deed and sold the house!!!!

please inform me if such a thing is possible, cuz multiple title companies have told me they wouldnt have done that and would have contacted both people that are on the warranty deed to sign off and so on!

Thank you for your help very much, i hope i was clear enough!

ANSWER: Based on how you presented the problem, David, it would seem to me you have a very good court case against her AND the title company. There is no way a title holder's name can be removed from ownership without the title holder's signature or a judge's decision and signature in court. My recommendation is to find yourself a good REAL ESTATE attorney to start the ball rolling against her and the title company. I do wish you well.

Dick Dennis
dixiedee13@aol.com

---------- FOLLOW-UP ----------

QUESTION: Thank you for your quick response, I am taking legal action as we speak.

Here is the thing that the title company responsible for this told me and i dont understand it: "Because her name was on the deed of trust and she was responsible for the home loan, she had the power to take my name of the warranty deed by re-filing it" !!!

Does this make any sense to you at all sir!

Thank you again so much...

Answer
Nope!

That title company person was trying to cover their behind because someone shouldn't have removed your name without your permission . . . and they know it. Title companies DO make mistakes. Believe me, it has happened to me a couple of times and I collected dearly each time. I wish you well, David.

Dick Dennis