I got a call from a daughter/probate situation. I researched the papers on the house and found out that deed used to convery the property to the mother was a Deed Without Warranty back in 95. Now, if I buy and resell this property, what would the title companies position in such situation?
Probably depends entirely on what their title search turns up. It doesn’t need to be a warranty deed to convey properly. It does need to have a good clean chain of title. 95% chance you won’t have any issues, 5% chance they find something screwy that complicates things.
I agree with Rich. Let the title company do its search and get a good title insurance policy.
Ps- Why not make your contract contingent on a thumbs up from your title company? This way you can get it under contract asap and let the title company do their magic.
Your standard real estate contract specifies that the seller convey clear & marketable title. That is why the seller pays for your title insurance policy, it’s really a way for them to guarantee your clear title. Read over the contract of your choice to verify.
Thanks for the clarification. I was under the impression that the current title company would want to go after the person who conveyed and warranted the title, but since it was sold without warranty they may have an issue.
The property is in probate, so I will need to wait till it is out of probate. I was interested to know what is the deal with this deed. From the grantors names, looks like they were her brothers or something since there were about 4 or 5 grantors with the same last name as the owner.
I wonder if the Deed Without Warranty which transferred title to the mother was the outcome of probate when the previous owner died. If so, then whatever title insurance the prevous owner had may still provide some title protection.
Good question to ask the title company.
The question may be moot if the executor of the estate transfers title with a Warranty Deed. Chances are the executor will transfer title with a Special Warranty Deed which does not warrant title, only warrants that the grantor did nothing to cloud the title before transferring ownership.
If the title company can not insure chain of title for the previous 30 (or 50) years, then they may still insure title with exclusions.