About Eric Sexton Expertise All aspects of buying and selling homes including: General real estate questions, Contracts, Negotiations, surveys, title work and general questions about mortgages. I CAN NOT GIVE LEGAL ADVICE AND WILL NOT BE ABLE TO ANSWER QUESTIONS WHERE LEGAL ADVICE IS NECESSARY.
Experience
I have been a real estate agent for 6 years and a broker for 2 years.
Organizations National Association of REALTORS and Texas Association of REALTORS.
Expert: Eric Sexton Date: 8/12/2007 Subject: Heir property sold without heirs consent.
Question QUESTION: My father sold a house which he only owned one-half of and the other half was owned by the heirs (5 heirs)(mothers half, she is now deceased. Two of the heirs signed affidavits turned their share over to the father but the remaining 3 did not. The father had his present wife's sister and her daughter to sign affidavits stating they did not know of any step children or adopted children. Both witness which signed the affidavits did not know the deceased. The Title company in question did not do a title search they went solely on the statements by the witness's. And the remaining heirs still live in Dallas and the Father and the Witness's knew about the heirs.
ANSWER: Marilyn,
I do not see a question here. What are you asking me?
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QUESTION: Sorry, about that. Can the heirs still get their share of the property, also this property is worth a lot more than it was sold for? Also the Title Company failed to check for heirs and went by the affidavits presents on the day of the closing. Is the Title company liable for damages because they did not do due diligence in searching for heirs that were still living in the same city? Also due to the Title Company failure to contact the heirs the property was sold again due to foreclosure within 4 months of purchase and was sold by the bank on the step of the courthouse. Please, give me some answers and some advice. Also my father has no money or assets to get, but the heirs has no problem with the legal system doing to him and the others what should be done to those that commit fraud.
Thanks,
Marilyn
Answer Marilyn,
There are many issues involved with your situation. Most of them will require a lawyer to sort out. I am not qualified to comment on the issues involved here given the legal issues involved.
I would suggest hiring a local real estate lawyer. The lawyer can help you sift through what took place and advice you as to your best course of action.
