legal issue with contract for deed - Posted by chris brown

Posted by John Merchant on June 13, 2005 at 09:14:54:

Don’t know how many posts like this I’ve seen: How do I “remove” somebody from a deed?"

What gives anybody the idea that a co-owner, ex-husband, defaulting buyer, etc…can just be “removed” from a deed by any means short of a lawsuit ?

To repeat, in short, forget it. You can’t and neither can anybody else.

legal issue with contract for deed - Posted by chris brown

Posted by chris brown on May 29, 2005 at 01:14:44:

I live in Texas and own a house free and clear. I am selling this house using a contract for deed. Am I legally responsible for anything that may happen on this property after I sell it (like someone getting injured there?) If I file the contract for deed at the county court house would this make the buyer be liable for anything that might happen there? Should I carry some liability insurance on this property after I sell it?

thanks

Re: legal issue with contract for deed - Posted by jimmy

Posted by jimmy on May 29, 2005 at 09:40:54:

do not transact contracts for deed in Texas. recent legislation makes it a perilous activity for sellers.

instead, take back a deed of trust and act like a lender. a standard provision in the DOT requires adequate insurance coverage, and you, as mortgagee, are entitled to nitification directly from the insurance company.

Re: legal issue with contract for deed - Posted by chris

Posted by chris on May 29, 2005 at 13:28:09:

Thanks for your response. Can you tell me what makes it perilous?

thanks

Re: legal issue with contract for deed - Posted by dealmaker

Posted by dealmaker on May 29, 2005 at 19:45:46:

Let me jump in. I’ve been an investor (mostly buying for cash and then flipping) in TX for 25+ years. The month the law changed my attorney had me change from CFDs to straight up seller financed sales. He charged me a couple of hundred for the first Warranty Deed, Deed of Trust and Note.

Since then I’ve written all documents into my computer, I update the dates and legal descriptions etc for each sale and charge my buyers $350 or so for “documnet preparation”. I’ve done about 20 or so the past 5 years, no problems. I’ve had to do a couple of foreclosures but heck, it’s TX, that’s a piece of cake too.

dealmaker

Re: legal issue with contract for deed - Posted by Jimmy

Posted by Jimmy on May 29, 2005 at 18:01:24:

review the following publication from the Texas Attorney General’s Office.

http://www.oag.state.tx.us/border/contracts.shtml

Re: legal issue with contract for deed - Posted by MARIA

Posted by MARIA on June 01, 2005 at 19:44:49:

Need to find out how to remove someone off a deed. we have a lawyer but he is not going very fast.