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Thread: Warranty Deed issues

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  1. #1
    Quote Originally Posted by eros View Post
    Being not new but rarely posting except at the old SJC, I know seek opinions if so inclined:

    Lets say I sold a property to a man with owner finance and the man defaults on the note and deed of trust. The man wishes to avoid foreclosure and such and wishes to convey the property by warranty deed.

    If you so with please provide opinions or fact as to the most certain path that may lead to higher claims on the land besides the Warranty Deed alone.

    History: My first foray was "GOODBYE APRIL 15TH" at least twenty years ago. Since, have reviewed and attempted to figure my lot on the face of earth including careful reveiw of most literature concerning estates of land.

    Hint: What is the best way to be "given" a deed in this situation. Remain the fact that I will do proper diligence subsequent to the fact of reception of the deed. Please be specific with your opinion or fact.

    Merci,

    R.G the son of J.s
    If you sold the property with a mortgage on it, the deed of trust is likely a contract to hold the 'marketable title' in the property in trust until the mortgage is paid off. A deed of trust is akin to the term "trust declaration" meaning there will be a grantor, trustee and a beneficiary and some kind of res/thing in the 'trust estate'. The terms contract for deed, assumption of mortgage and quitclaim deed come to mind if you are looking to take it over again. Not sure of the circumstances.
    Last edited by allodial; 01-26-13 at 02:50 AM.
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    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
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  2. #2

  3. #3
    Well, this thread flamed out =(.

  4. #4
    Let’s rekindle it.

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