state of Texas
Question
Original seller files a lieu of foreclosure on property i own and i carry warranty deed?
i bought property in texas 2007, signed warranty deed at title company, i live in kansas and have not seen property but twice since then, i payed taxes to date and decided this year to put on market. Broker called and said a lieu of foreclosure was filled and property was no longer mine, I called the title company and had formes sent to me. the signature page is the originall from my deed. what can i do about this and on the recorded date there is a notary that says i signed infront of her and i can prove i was not in texas but at work in another state. help me please, i would really like to sell my property, legally
1 month ago - 4 answers
Best Answer
Chosen by Asker
First off, if you buy property, you do not "sign a warranty deed", the seller "signs" the warranty deed, ie to guarantee that property is his to sign over to you. Typically a title insurance policy should guarantee a sale to the buyer so that under the circumstances you are describing, it is the title companies problem to defend your owner ship of the property. If they are saying you sold the property when you say you did not, bring local police into the action, it sounds like fraud if they forged your signature with a notary.
1 month ago
Asker's Rating: 
Other Answers
You are going to need a real estate lawyer on this one. The warranty deed says the seller guaranteed that they were the owner, they have a clear title, and that they had the legal right to sell it. You were the buyer and don't sign a warranty deed. The lieu of foreclosure says that the owner (you?) turned the property over to the lender to avoid foreclosure. You stated that you paid taxes. Who was paying the mortgage if you didn't pay cash for the property? That's why I say you'll need a lawyer on this one.
by Dan B- 1 month ago
Did you get title insurance when you bought the property? Did you hire an attorney or have your own real estate agent looking out for your interests? Who signed a warranty deed when you bought it? That would be signed by seller(s), not you. Was it seller financed (did you sign anything else for later payment)? Who actually foreclosed, the seller, or was there an outstanding lien on the property when you bought it (the reason you should have had title insurance which would have done a title search). You need a lawyer, preferably one close to where the property is.
by efflandt- 1 month ago
Did you physically sign the paperwork? I think you need to get an attorney quickly. Something smells real fishy!
by Realtoratheart- 1 month ago