Transfer of real estate question

[tech_girl]

What is the name of your state?Texas

I sold my house to my brother and he wont change the name the name over to him.He has been using it as a airbnb, and its been going on 3 years now. I keep getting tax bills. What can I do to do the transfer myself?

Thanks

 

[Just Blue]

What is the name of your state?Texas

I sold my house to my brother and he wont change the name the name over to him.He has been using it as a airbnb, and its been going on 3 years now. I keep getting tax bills. What can I do to do the transfer myself?

Thanks

What do you mean he won't sign the name over to him? You are the one that quit claims it over to him at the time of sale. Did you do that? How was this sale done?

 

[Ohiogal]

What is the name of your state?Texas

I sold my house to my brother and he wont change the name the name over to him.He has been using it as a airbnb, and its been going on 3 years now. I keep getting tax bills. What can I do to do the transfer myself?

Thanks

Why didn't you transfer the title to him at closing? Who is your title company?

 

[LdiJ]

What do you mean he won't sign the name over to him? You are the one that quit claims it over to him at the time of sale. Did you do that? How was this sale done?

I think she is saying that her brother won't file the quit claim deed so that the property shows in his name. Tech_girl, are you paying the property tax bills? If you are not, then the property is probably going to be sold at auction on the courthouse steps soon and your brother should be informed that he is being an idiot and will screw up your credit as well. If you have been paying the bills, then you should look into whether or not YOU can file the quit claim deed.

 

[quincy]

As seller of the property, tech_girl can fill out the quitclaim deed herself, have her signature notarized, and deliver the deed to her brother. That is all that is really necessary for a valid transfer of property in Texas.

That said, unless or until the quitclaim deed is recorded in the county where the property is located, the taxing authority will continue to send tech_girl the property tax bills. She is the only recorded owner.

Many counties in Texas have simple quitclaim deed forms available and one can be filled out by tech_girl. She will want to have the legal property address on hand for filling out the form. She can find the legal description on the tax bill.

Her brother’s signature is not necessary unless the transfer of ownership in the property has special conditions attached to the sale. But her brother does need to be given a signed and notarized copy.

 

[LdiJ]

As seller of the property, tech_girl can fill out the quitclaim deed herself, have her signature notarized, and deliver the deed to her brother. That is all that is really necessary for a valid transfer of property in Texas.

That said, unless or until the quitclaim deed is recorded in the county where the property is located, the taxing authority will continue to send tech_girl the property tax bills. She is the only recorded owner.

Many counties in Texas have simple quitclaim deed forms available and one can be filled out by tech_girl. She will want to have the legal property address on hand for filling out the form. She can find the legal description on the tax bill.

Her brother’s signature is not necessary unless the transfer of ownership in the property has special conditions attached to the sale. But her brother does need to be given a signed and notarized copy.

My point was whether or not the OP could file the quitclaim deed herself to make the transfer official. She needs a consult with a local attorney.

 

[quincy]

The quitclaim deed forms I have seen (available at some Texas County clerk offices) do not seem all that difficult to fill out and should not require the services of an attorney. The only information that might otherwise puzzle a property seller is properly identifying the property - what is needed is the legal property description, which can be found on tax bills and mortgage papers or by asking the county clerk.

Here is a sample quitclaim deed from Collin County, Texas:
https://www.collincountytx.gov/law_library/Documents/online_forms/QuitclaimDeed.pdf

And here is a link to a simpler form:
http://deedforms.org/wp-content/uploads/Texas-Quit-Claim-Deed-Form.pdf

Someone can even create their own form as long as the required information is included and the signatures are notarized.

Once the brother has a copy of the quitclaim deed, it can be recorded by either tech_girl or the brother, and the brother can start paying the taxes on his property.

tech_girl can check to see if the County has a form they prefer and tech_girl always could hire an attorney if she wants to make sure everything is done correctly.

 

[zddoodah]

he wont change the name the name over to him.

Please explain exactly what this means. Did you handle the sale through an escrow or title company? Or did you simply give him a deed in exchange for a check? If the latter, I'm guessing that he hasn't filed/recorded the deed with the local county recorder/clerk.

I keep getting tax bills. What can I do to do the transfer myself?

Well...for starters, what has your brother told you over the past three years when you've asked why he "won[']t change the name . . . over to him[self]"? Additionally, have you contacted the county recorder/clerk about this issue? If not, why not? If so, what were you told?

 

[quincy]

The tax bills will go to the recorded owner of the property. Apparently all that needs to be done is record the deed with the county where the property is located.