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    Lonna72756's Avatar
    Lonna72756 Posts: 5, Reputation: 1
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    #1

    Oct 18, 2012, 03:56 PM
    How to avoid quiet title
    Before my
    Mom bought her house another gentleman defaulted on it. There was a contract for deed out of Oklahoma. Once he defaulted, the original owner never obtained a quit claim from him or any type of
    Release. He's now deceased. The title to my moms home is clouded and she can't afford to do a quiet title. We don't know who/where his heirs are. Do we have any other options?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Oct 18, 2012, 04:02 PM
    I don't know of another way. Maybe you and any other siblings can chip in for it. Presumably you will inherit the house someday, and it will have to be done then anyway.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 18, 2012, 04:20 PM
    You use the term default instead of foreclose, did this person ever have title?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 18, 2012, 04:28 PM
    Quote Originally Posted by Lonna72756
    ... He's now deceased. ...
    she can't afford to do a quiet title. We don't know who/where his heirs are. Do we have any other options?
    An option is to do nothing. Not a problem until you try to sell it or get a mortgage on it.

    Quote Originally Posted by joypulv
    ... Presumably you will inherit the house someday, and it will have to be done then anyway.
    No, not even then, unless, as I say, the estate wants to sell it.
    Lonna72756's Avatar
    Lonna72756 Posts: 5, Reputation: 1
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    #5

    Oct 18, 2012, 05:07 PM
    Quote Originally Posted by ScottGem View Post
    You use the term default instead of foreclose, did this person ever have title?
    No, he never owned it. The original owner was able to collect insurance due to a fire as well, but I guess that doesn't help my situation..
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 18, 2012, 05:52 PM
    When mom bought didn't she buy title Insurance? If this person was never on the deed, who is clouding the title and how? There is something missing here.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Oct 18, 2012, 06:15 PM
    Quote Originally Posted by ScottGem View Post
    When mom bought didn't she buy title Insurance? If this person was never on the deed, who is clouding the title and how? There is something missing here.
    Evidently the first contract for deed was recorded.
    Lonna72756's Avatar
    Lonna72756 Posts: 5, Reputation: 1
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    #8

    Oct 18, 2012, 07:58 PM
    Quote Originally Posted by AK lawyer View Post
    Evidently the first contract for deed was recorded.
    Yes
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Oct 19, 2012, 02:29 AM
    Was there title insurance when your mom purchased?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Oct 19, 2012, 02:33 AM
    At this point unless she was going to sell it, there is no need to do anything. If she is planning on selling it, the new buyer may or may not have a issue about it.

    But the legal action is about your only choice, she needs to start saving money for it
    Lonna72756's Avatar
    Lonna72756 Posts: 5, Reputation: 1
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    #11

    Oct 19, 2012, 02:07 PM
    [QUOTE=ScottGem;3301670]Was there title insurance when your mom purchased? Idk. I have the old abstract but it doesn't have my mom or the previous owner. I called the title company and he told me to bring it in. He said it doesn't sound promising though.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Oct 19, 2012, 03:43 PM
    It is rare these days that a home is purchased without title insurance. You mom need to get the records of the closing.
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    Lonna72756 Posts: 5, Reputation: 1
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    #13

    Oct 19, 2012, 04:00 PM
    [QUOTE=ScottGem;3302259]It is rare these days that a home is purchased without title insurance. You mom need to get the records of the closing. Ok, thanks. The original owner is actually her brother (my uncle) and she paid cash for the house. It's just a very small home suitable for one or two people. I will check though!
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