Posted by Terry (Houston) on January 18, 2001 at 23:43:45:
Got me on that one. I have not heard of that.
Thanks Bud
Terry
Divorced Hubby Wants More - Posted by Chuck Perry - TX
Posted by Chuck Perry - TX on January 18, 2001 at 15:03:02:
I am currently buying a house in a divorce. The wife got the house in the divorce, but she never got a special warranty deed (SWD)from the ex-hubby. Anyway, the ex-wife signed a contract, house is at the title company, the title people want SWD from the ex-hubby.
I going to pay him $2500, at closing, for his TOTAL cooperation. I’ve talked the ex-wife into paying about 40% of it. Next time, is there a way I can get the house and tell the ex-who ever to take a hike? The divorce decree clearly gave the ex-wife the home.
Thanks,
Chuck
DIVORCED HUBBY SIGNS - Posted by Chuck Perry - TX
Posted by Chuck Perry - TX on January 19, 2001 at 17:24:19:
After few times around the title company table, he signed the SWD. Thanks for all the input, I’ll be better prepared next time.
Chuck
Re: Divorced Hubby Wants More - Posted by JPiper
Posted by JPiper on January 18, 2001 at 19:50:27:
Hey Chuck:
Normally a deed is not needed if the divorce decree grants title in the house in the appropriate language (deed language). Certainly there is no requirement that anyone execute a special warranty deed. When you say “she got the house” that doesn’t mean much. Sometimes the divorce decrees are not written correctly and do in fact require a deed (a quit claim deed). But if the decree looks correct to you, take it and your other documents to another title company for a look.
JPiper
Title Companies - Posted by Troy M
Posted by Troy M on January 18, 2001 at 18:53:04:
Just a note, I would at the very least talk to another title company. For one reason or another, my favorite title co. has not been able to insure three of my deals in a row. Took them to another title company and…no problem. It’s frustrating, but worth a shot. Don’t know if you have a ‘Stewart Title’, but they do their own underwriting and may be easier to work with. 'Round here, a divorce decree is a legal document and should have been recorded at the court house?? I’ve purchased from divorcee’s and not had to deal with the ex as long as the divorce decree clearly states who is to get the home and is recorded.
‘Not a title examiner’
Troy M
Re: Divorced Hubby Wants More - Posted by JohnBoy
Posted by JohnBoy on January 18, 2001 at 15:10:14:
If the divorce decree gave the x the home then she should go back to court and sue hubby for the money he extorted from her in order for her to be able to sell the house.
Re: Divorced Hubby Wants More - Posted by Chuck Perry- TX
Posted by Chuck Perry- TX on January 19, 2001 at 10:16:36:
I’ve done a divorce earlier this year, but there was an SWD. As for the language in the decree, it is was not deed language which is probably causing the problem.
Chuck
Re: Divorced Hubby Wants More - Posted by Terry (Houston)
Posted by Terry (Houston) on January 18, 2001 at 20:36:54:
In Texas most Title companies want a Special Warranty Deed from an ex. They don’t like the quit claims much for some reason.
Re: Title Companies - Posted by Chuck Perry - TX
Posted by Chuck Perry - TX on January 19, 2001 at 10:11:40:
The decree was recorded. As for the language, it did specify a legal description - only an address. I could try another title company, but it would be a shot in the dark without some kind of reference.
Also, Stewart Title is the underwriter in this case.
Chuck
Re: Title Companies - Posted by dewCO
Posted by dewCO on January 18, 2001 at 20:13:42:
What Trandle says is correct. The property is deeded with both names on it, the only thing I’ve ever heard that changes it is another deed or a death certificate from one of the parties. The court orders lots of things every day, but once ordered a deed has to be the follow up in these types of cases. Should have been done with the order.
Re: Title Companies - Posted by TRandle
Posted by TRandle on January 18, 2001 at 19:20:01:
Troy,
Are you sure there weren’t exceptions to the policy? I guess it’s their loss if something happens, but I’d hate to be in a position down the road where I couldn’t pass clean title because Stewart was a little lax in the requirements. However, I haven’t read the rules, so maybe it’s okay. I’d check for sure before I did it. If you know different, please let me know. Thanks…
Re: Divorced Hubby Wants More - Posted by Chuck Perry - TX
Posted by Chuck Perry - TX on January 18, 2001 at 17:30:24:
I did consider filing suit, but I made a business decision. Time vs money vs outcome. She doesn’t have the bucks to go to court and it would probably cost 2500 anyway. There’s enough equity in the deal to give this guy some money so he can sign and go away. Just wanted to see if I there was another angle to it.
Chuck
Let’s not forget the attorney… - Posted by TRandle
Posted by TRandle on January 18, 2001 at 15:56:59:
or whoever it was that handled the divorce, but forgot to make sure she received clear title. Perhaps he should pony up for the remainder? LOL!
Re: Divorced Hubby Wants More - Posted by JPiper
Posted by JPiper on January 18, 2001 at 20:49:45:
“Most” title companies, or “all” title companies?
Maybe it’s really true they just do stuff different down there in Texas. But it sure might be fun to know why they want a special warranty deed. Where I’m from (and every other place I’ve ever been) a quit claim is routinely used…and of course it transfers whatever ownership someone might have just as effectively as any other deed.
My guess is that the reason they want a special warranty deed, if they do, is 'cause that just how they do it down thar in Texas.
JPiper
See reply below TRandle (nt) - Posted by Troy M
Posted by Troy M on January 18, 2001 at 20:23:05:
nt
Re: Title Companies - Posted by Troy M
Posted by Troy M on January 18, 2001 at 20:20:35:
Case study #1
My wife (divorced) sold her residence shortly after her and I were married. Her and her ex had bought the home together, the divorce stated she was to get title to the house subject to the existing liens. When she sold, the title co.'s requirement was that a certified copy of the divorce be recorded.
Case Study #2
I bought a home ‘subject to’ from a divorced gentleman who had acquired the home with his ex-wife. The divorce was recorded and stated he was to keep title. When I sold to a couple who placed a bank loan on the property, there was no problem. Good thing, since the ex-wife had effectively disappeared years prior.
I’ve been known to have a less than sharp memory, but I don’t recall the ex having to sign any deed in either case and, BTW, I’m in TX. If my memory proves unreliable again, let me know 'cause I have another ‘subject-to’ I recently bought from a divorcee.
Hope this helps,
Troy M
You’re right, let’s not forget the attorney… - Posted by Chuck Perry - TX
Posted by Chuck Perry - TX on January 19, 2001 at 18:47:52:
I’ve given your comments some thought and this is what I have been able to confer from them:
a) The attorney who handled the divorce is incompetent OR
b) The attorney was intentionally derelict in his or her duties to the client.
As a side bar, I once sat through one attorney’s tirade on how women have “too much power” in the divorce process. The guy was an investment banker turned attorney who had gone on a personal vendetta against his wife and actually got some legislation passed regarding child support and “male parents rights”.
Attorneys always try to give the appearance of impartiality, but they are people too (I can sight some cases and “brilliant” pieces of legislation if you like, but I’m sure there is plenty of ‘ex parte communication’ occurring as I type).
I think that the solution sought is the most economical and speedy. BTW, how much does it cost to get an attorney to say he screwed up? I wouldn’t want to find out.
Either way, are you suggesting the ex-wife sue the attorney for mal-practice? Trying to figure out the utility of your answer without really LOL ;->
Re: Divorced Hubby Wants More - Posted by Terry (Houston)
Posted by Terry (Houston) on January 18, 2001 at 21:00:21:
Yeppers,
Course it coulda all started when that guy with the long hair and shorts started buyin all them thar houses.
He kept saying he was fixin ta fix it and the Title company didn’t know what David ment so they said we need us a Special Warranty Deed. (Sorry David couldn’t resist)
I have talked to several and been told by several other, Much Bigger, investors that it’s that way. Don’t know why.
Exactly… - Posted by JPiper
Posted by JPiper on January 18, 2001 at 20:52:35:
I agree…your scenario would be correct where I’m from, which isn’t Texas.
JPiper
Re: You’re right, let’s not forget the attorney… - Posted by TRandle
Posted by TRandle on January 20, 2001 at 11:31:26:
Chuck,
I was merely being sarcastic. It’s such a strong part of my character, I frequently have difficulty restraining myself. I just know from my experience that I’ve had numerous divorce situations where the transfer deed hasn’t been drawn up, signed, recorded, and/or sometimes even mentioned to the spouses. I still don’t know if it’s actually required to transfer title here, but I do know the title company I use expects to see a SW deed in addition to the decree. So far, we’ve been able to get it done. I’m not sure what will happen when the time comes that we can’t produce one.