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Answers Continued....
01/29/12
Question (TX): I
had land in my name as a minor that was processed for
sale via a bogus Notary and forged Quit Claim deed when
I was 15. I plan to pursue return of this land in the
Courts in Equity (when affordable). In the mean time I
would like to file an affidavit with copy of my birth
certificate and record it in the Recorder's office. Do
you have a sample copy of such affidavit or outline of
how I would write this up if I want to file it on my own
now?
Answer:
We don’t recommend you file the affidavit yourself. We
do suggest that you hire an attorney. Your actions may
result in a slander of title suit. Any claim you have
now is probably barred by limitations. You need to find
the forger, plead that the deed is void, and do it now.
The longer you wait the more it works against you.
Question (TX): I
am a licensed Realtor in Texas. I am the selling agent
on a cash deal for a first time investor. My client was
told by another agent that the seller must physically
take possession of the option fee within 2 days or the
option fee becomes void. I have never heard of this.
What can you tell me regarding this supposed issue?
Answer: Both you
and your client need to read the Residential One To Four
Family contract form. In it, Paragraph 23 details the
requirements for establishing the right to terminate the
contract. Your client must make a check out to the
Seller for the Option Fee specified and you must deliver
it to the other broker or to the seller, within two days
after the Effective Date of the contract, or the Option
never happens.
Question (TX):
Several years ago, a friend in Port Arthur, Texas, sold
a home she inherited to a governmental agency. I
recently inherited a nice home but the market in that
area is stagnant. Is the practice of selling to a
governmental agency still in practice and who should I
contact to start a process?
Answer: There
are a number of reasons the U.S. Government might
purchase a home that was inherited. We suggest that you
contact this area of the Department of Housing and Urban
Development,
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_affairs.
We believe they will be able to answer your question.
Question (TX): I
inherited a modest piece of property with mineral
rights, near Abbeville, Louisiana. The tax office cannot
locate the land from their tax records. We've paid taxes
on it for over 50 years and we have the heirship
records. How do I go about getting a location determined
for viewing and/or visits and to determine if the
property has increased in value?
Answer:
This question is a bit more involved because it relates
to Louisiana and its rules and regulations which are
very different from Texas. Look at the return address of
the mailing you receive when you pay the taxes. It
should provide a clue as to whom you pay the taxes, the
name of the person or persons from whom you inherited
the property, etc. Also, if you haven’t already done
this, send an email to the City of Abbeville at this
URL,
http://www.cityofabbeville.net/contact-us.php. They
claim they will respond within 24 hours. If the City of
Abbeville is unable to locate your tax records, you
might try Vermillion Parish in which Abbeville is
located, at (337) 898-1992 or at the URL
http://publicrecords.onlinesearches.com/LA_Vermilion.htm. |
