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sold house tile cloud/probate

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booca

Guest
sold house title cloud/probate

california

hi, recently sold my house before closing we found out that
my mortgage co. recorded the deed wrong, what happen was
my mom passed away about 1yr ago i refinaced and paid for her
funiral. when i did that the mortgage co. told me to bring a
death certificate and that they would file affidavit-death of
joint tenant to clear her name from title,problem is that we
did not hold title as joint tenents so half of the house has to be
probated and there is no will, i'am sure that family members will
fight over everything and probate will take long and cost a lot.
i have not started probate yet but my agent(also buyers agent)
is pushing me to get a lawyer and start probate but i'd
rather clear probate matters first,iam sure my agent only cares
about his commission and nothing more. closing has already passed
what will happen and what can i do?


thanks
 
Last edited:


nextwife

Senior Member
How in heavens name did the lender obtain a mortgagors policy for that refinance? Whichever title insurer insured that mortage is in serious need of better title examiners.

Oh, and at first I thought it was a typo - tile instead of title, but I see you have only used the word "tile" so I do want to clarify that you are referring to TITLE, rather than TILE clouds?

Sorry, if you are not Jt. Tenants, probate will be necessary..
 
B

booca

Guest
sold house clouded title/probate

i know half has to be probated but i would like to cancel
the sale until probate is finished because if my family
fights over who will be the administrator or who gets what
evrything will get held up in court and then what happens
to me and the buyer,can the buyer take title and if not
can they sue me one way or another?
 
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tomahawk

Guest
You can be sued by the potential buyers for breach of warrantee of deed.
 

nextwife

Senior Member
Most offers are subject to a satisfactory title report being provided to buyer X days prior to closing. I'd be very surprised if he warranted the condition of title at this point.
 
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booca

Guest
closing problems

hi nextwife,i know i have problems in the contract because of
the title but,the escrow co. 1 week before closing said that they
changed title co. to my mortgage co's title co. who covered the
bad title in the first place and said it sould be ok then i asked
them was the closing date still the same and the said no it will
be at least 2 more weeks. if the closing date changes for any
reason don't me & the buyer have to sign some kind of exstention.


thank's for all your help.
 

HomeGuru

Senior Member
booca said:
hi nextwife,i know i have problems in the contract because of
the title but,the escrow co. 1 week before closing said that they
changed title co. to my mortgage co's title co. who covered the
bad title in the first place and said it sould be ok then i asked
them was the closing date still the same and the said no it will
be at least 2 more weeks. if the closing date changes for any
reason don't me & the buyer have to sign some kind of exstention.


thank's for all your help.
**A: yes, so you better see a real estate attorney like tomorrow.
 

Dandy Don

Senior Member
You most certainly should have had a real estate attorney long before now to represent your interests in the sale and to make sure that everything has been done legally. Also ask your attorney if title insurance might help recover any expenses necessary to get this matter resolved.
 

nextwife

Senior Member
booca said:
they changed title co. to my mortgage co's title co. who covered the
bad title in the first place and said it sould be ok then i asked
them was the closing date still the same and the said no it will
be at least 2 more weeks.
Personally, I have no idea how even the title company that erroneously insured the loan policy for the refi could POSSIBLY provide affirmative coverage for an owners policy in this situation. Nor can I imagine what they can do in two weeks that could put them in a position to insure this conveyance.
 
B

booca

Guest
administrator/probate

hi, me again question,the real estate agent(buyer's/seller') toll me
that if i just start probate and get apointed administrator that the
house can still be sold to the buyer and that i would get my half of
the sale know and the rest when probate finishes,but my
question is if the house is not all mine know how can it be during
the probate process,can the buyer take title during this process
or will the agent be gone with his commision and me the buyer
and my family stuck in probate fighting for the other half?
 

Dandy Don

Senior Member
The most ethical and honest thing you can do right now is to cancel the pending sale or postpone it by explaining to the buyer that title is not clear yet and that probate will take a few months. Hopefully after title is clear the buyer will still be interested or another buyer can be found.
 

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