| Subject | Date Asked | Expert |
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| Seller Funds not at Title Company | 3/24/2008 | Scott Killian www.SaveWithScott.com |
Q: My loan was to close (per the contract) on the 17th of March. The seller did not receive the ...
A: I am shocked they let you move into the house. Anytime, people do not respond that is not a good ...
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| cancelling a contract? | 3/18/2008 | Scott Killian www.SaveWithScott.com |
Q: a realtor brought over a buyer and they made an offer, we countered, they accepted. Due to ...
A: Most likely, you will be in breach of contract. They might do nothing or they may sue you for ...
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| Title company choice | 3/9/2008 | Scott Killian www.SaveWithScott.com |
Q: Who has the right to chose the title company? Buyer or Seller? Can you tell me if we have any type ...
A: Great question with a hard answer. This question has been asked many times in many ways. The ...
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| Refinancing with mineral rights | 3/4/2008 | Scott Killian www.SaveWithScott.com |
Q: We went yesterday to close on our refinance and the title company found there might be a possibility ...
A: This is normal procedure. I would recommend closing and why not use that money to pay down your ...
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| Warranty Deed vs. Deed of Trust (Texas) | 2/20/2008 | Scott Killian www.SaveWithScott.com |
Q: My husband and I purchased a home January 2005. We used only his name because it was easier. Since ...
A: The mineral rights are kind of another issue. The gas companies are just looking at the tax rolls ...
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| Warranty Deed vs. Deed of Trust (Texas) | 2/20/2008 | Scott Killian www.SaveWithScott.com |
Q: My husband and I purchased a home January 2005. We used only his name because it was easier. Since ...
A: The good news is that you are in TX which is a community property state so what is his is also ...
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| Home equity loan | 1/31/2008 | Scott Killian www.SaveWithScott.com |
Q: I live in Houston, Texas and purchased a house in 2004 and want to get a loan to fix my house. My ...
A: You can get a home equity loan for up to 80% of the value of the house. Now, that all means you ...
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| Sell of elder family member's home | 1/17/2008 | Scott Killian www.SaveWithScott.com |
Q: I have an uncle who is becoming increasingly dependent on others for care. He was recently ...
A: Usually someone will have power of attorney for his affairs. I would recommend having this done if ...
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| Lein free home and land owned by heirs | 1/16/2008 | Scott Killian www.SaveWithScott.com |
Q: My mother died in 1982 leaving no will. My dad died in 1984, in testate, and the estate has been ...
A: I would call Gretchen Wright at Land America Title Company to handle this transaction. ...
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| Real Estate -Divorce | 1/8/2008 | Scott Killian www.SaveWithScott.com |
Q: I was awarded the house (Texas property) in a (Georgia) divorce decree. She refused to sign a quit ...
A: I got the following response from my partner" If the Divorce Decree contains certain language then ...
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| warrenty deed, mother has passed | 12/28/2007 | Scott Killian www.SaveWithScott.com |
Q: MOM AND I HAVE AN OWNER FINANCED HOME, SHE PASSED AWAY 8 MONTHS AFTER IN 2005. THE WARRANTY DEED HAS ...
A: I do not believe the contract is illegal. I would recommend contacting a title company for more ...
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| Lien on Real Estate | 12/23/2007 | Scott Killian www.SaveWithScott.com |
Q: I have a situation where my ex-wife's brother is threatening to place a lien against my home for ...
A: I believe you should contact a title company. However, I do not believe he can place a lien with ...
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| Assumption of Mortgage Loan and Transfer of Title | 10/24/2007 | Eric Sexton |
Q: I am recently divorced and in the process of formally assuming the mortgage on the home purchased by ...
A: If the divorce attorney has drawn up the deed it will need to be recorded. The fee from the ...
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| Second Lein Deed of Trust | 10/15/2007 | Eric Sexton |
Q: I sold a house in Texas in 2000. I gave the buyer a second mortgage, secured by a lien, which was ...
A: Billy, If I am understanding your question, the house was sold multiple times even though you had a ...
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| For Sale by Owner | 10/15/2007 | Eric Sexton |
Q: My husband inherited his fathers' house in Odessa w.Tx. Along with his brother he is wanting to ...
A: Gilly, Selling a house requires more knowledge than I can possibly provide here. I'm going to hit ...
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| House ownership | 10/12/2007 | Eric Sexton |
Q: I have heard if I buy a house in Texas, that for all intent the house will never be mine? What is ...
A: Robert, Once a mortgage is paid off (assuming no other legal complications are involving the ...
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| Mineral Rights | 10/11/2007 | Eric Sexton |
Q: We purchased a home for rental property in 2005. We received a letter from a company called Texas ...
A: Gina, I grew up in Oklahoma (the home of Phillips) so here is what I know: Phillips (assuming this ...
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| warrety deed | 10/10/2007 | Eric Sexton |
Q: I am divorced 8yr and got the house by decree and would like to sell do I need a warrenty or a quick ...
A: JG, My suggestion is to use a warranty deed. If a future buyer is going to purchase a title ...
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| House ownership | 10/10/2007 | Eric Sexton |
Q: I have heard if I buy a house in Texas, that for all intent the house will never be mine? What is ...
A: Robert, If you are purchasing property using a mortgage, the property is not technically yours ...
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| Earnest Money | 10/3/2007 | Eric Sexton |
Q: I have made an offer for a house for $155,000 which has been accepted. The seller has $1,000 of ...
A: AJ, The option period gives the buyer the ability to back out of the contract for any reason within ...
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| home transfer | 9/29/2007 | Eric Sexton |
Q: What are the steps and paper needs to transfer a home from parents to son. Both are Canadian and the ...
A: Bryan, The easiest thing to do would be to contact a title company in Texas. They can help to put ...
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| Earnest Money with Builder | 9/26/2007 | Eric Sexton |
Q: I signed an earnest money contract with a builder. I gave them $4000 as a down payment. They began ...
A: Melissa, It really depends on the terms of the contract. Builders generally have their own ...
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| Land | 9/23/2007 | Eric Sexton |
Q: I found plans for a home I would like to have built. Primary Style: Mediterranean Stories: 2 Square ...
A: Emberly, I don't do much work with new building. I would think (off the top of my head) you might ...
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| dual hats: lender and seller | 9/20/2007 | Eric Sexton |
Q: We contacted a seller about a lot in Texas. The seller is a leader and insisted on the land purchase ...
A: Kris, I would suggest that you contact the Texas Department of Savings and Mortgage lending ...
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| Mineral Rights in Ft. Worth | 9/20/2007 | Eric Sexton |
Q: My son & family are selling their home in Ft. Worth. The buyer wants mineral rights. They have no ...
A: Barb, It is likely that your son does not have mineral rights. the residential contract that is ...
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| What about Oklahoma? | 9/20/2007 | Eric Sexton |
Q: My parents are moving into assisted living and what to transfer title of their house to me. My ...
A: Rhonda, The subject of your question references Oklahoma. I can not speak to Oklahoma real estate. ...
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| joint purchase with son | 9/16/2007 | Eric Sexton |
Q: I am trying to buy a house with my son. I will likely buy it as a 2nd home and he will also be on ...
A: Andrew, Since this will be a 2nd home for you a lender will likely be willing to allow both of you ...
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| going from contract to title | 9/11/2007 | Eric Sexton |
Q: Recently I've pursued a property that was a foreclosure and investor put it under contract. The ...
A: Michelle, I'm not sure I understand your question. Please correct me if I am wrong: An investor ...
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| Title Search | 9/11/2007 | Eric Sexton |
Q: Besides utilizing a title company, how can I learn to do a title search? Are there resources ...
A: John, I'm going to answer your last question first. To the best of my knowledge there are no ...
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| Not Me Affidavit | 8/30/2007 | Eric Sexton |
Q: The Attorney General put a lien on the property of the GRANDFATHER of the child. The grandfather ...
A: Jenny, Let me make sure I understand your question. The AG put a lien on the property of person A. ...
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| Sales Contract / Seller backing out | 8/29/2007 | Eric Sexton |
Q: We signed a sales contract in the state of Texas for our land, and have realized that we do not wish ...
A: Caryn, Assuming that you used the 'Unimproved Land" contract that is required of Realtors by the ...
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| Real property owner | 8/24/2007 | Eric Sexton |
Q: How do I find out who owns a particular property that I am interested in purchasing?
A: While this process is not absolute legal proof, but it is often accurate. Appraisal district ...
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| Earnest Money Contract | 8/20/2007 | Eric Sexton |
Q: It has been over three days and the broker has not responded to an earnest money contract....the ...
A: Jo, In Texas the sellers not required to acknowledge or respond to an offer. In the case of a ...
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| Heir property sold without heirs consent. | 8/12/2007 | Eric Sexton |
Q: My father sold a house which he only owned one-half of and the other half was owned by the heirs (5 ...
A: Marilyn, There are many issues involved with your situation. Most of them will require a lawyer to ...
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| Title change | 8/8/2007 | Eric Sexton |
Q: I purchased my home in April of 2006 and was then subsequently married in July 2006. I would like ...
A: Russell, You need to start with your mortgage company. Most mortgages have an acceleration clause ...
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| New Home Contract | 8/8/2007 | Eric Sexton |
Q: On August 5th, I signed a contract on a new home. We used the builders purchase agreement. It ...
A: Unzane, Without seeing the documents, I can only give you a very general response to your question. ...
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| Contracts with agents | 8/6/2007 | Eric Sexton |
Q: My question is i am planning in purchasing property in the Houston Texas vicinity , I had gone to ...
A: Erik, Without looking at the documents (Buyer's Representation Agreement), there is no way to tell ...
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| Buying home from in-laws | 8/5/2007 | Eric Sexton |
Q: We built our home last year and my in-laws are acting as our bank. They paid cash for everything and ...
A: Amy, This is much easier than your husband thinks. Since there is no mortgage company involved (so ...
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| What is deed of trust? | 8/3/2007 | Eric Sexton |
Q: In Texas My x-wife and I mortgaged a home and it was awarded to her by deed of trust in the divorce. ...
A: Selma, If the deed was property executed at your divorce, you should not need to sign at closing. ...
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| Earnest Money Check Cashed | 8/2/2007 | Eric Sexton |
Q: Can an owner turn down an offer to purchase and still cash the earnest money check? This is a bank ...
A: Rhonda, When making an offer on a house that is NOT a foreclosure, the earnest money should not be ...
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