I am trying to sell my condo and I am unable to obtain a clean title from the previous owner.

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I am trying to sell my condo and I am unable to obtain a clean title from the previous owner.

I bought a condo in Texas 9 months ago for $30K without a closing agent thru a private person. At that time I’d got a warranty deed form , notice of purchasers form and a form indicating how much money I paid for the condo. All the forms we signed, and I was enough naive to accept a signed form that I paid just $7K that would help me to save on property tax.Now, I have a buyer, and the Title Check company told me that the title of the condo is not clean. The previous owner of the condo is unable to provide a clean title as the person from whom she bought condo eleven years ago left oversea

Asked on May 16, 2009 under Real Estate Law, Illinois

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should never do any type of real estate transaction without a lawyer, which you have now learned.  You have a serious problem.  Can you get in touch with the person you bought the property from? What is the defect in the title?  Is there money owed to a 3rd party?  Is ther someone else on the title?  Without knowing more i cannot advise you.  However, i suggest that you ask the title insurance for a copy of a title search so that you can see the line of title.  Take the title search to a lawyer that practices real estate law as they can help you determine how to go about remediating the situation and advising you how to proceed.  The lawyer will have several questions in addition to these. 


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