My question involves real estate located in the State of: Texas
My mom's home was recently stolen with a forged deed. We've reported it to the authorities and filed a forgery affidavit. The next step is a action to quiet title.
There were 3 sales of the house in a 6 week period,all of which were a labeled a "warranty deed." My question is how does one determine the type of warranty deed(general/special)? Is there some phrase or terminology within it that would give an indication or is it considered general if not explicitly stated?
I'm also interested in the possible actions of the end buyers. They purchased it for cash with intentions to flip and obtained no title insurance. Attorneys we've consulted indicated they are SOL but I guess I'm looking for opposing viewpoints. They called us(we made them aware about six weeks ago) and stated a lawyer told them that they purchased the property in good faith and no judge would take it away from them or any person they sold it to and that we must seek our recourse through a civil suit with the forger. Could there be any circumstances that would make this true? I took it as a bluff but still wonder.
As a side note,the original "buyer" and notary have been charged with forgery in our case. The buyer also faces four similar charges in other houses and potentially 2 dozen total cases,assuming they can locate the owners and the DA goes forward with the cases which they are usually not interested in.
Thanks for any insight.
My mom's home was recently stolen with a forged deed. We've reported it to the authorities and filed a forgery affidavit. The next step is a action to quiet title.
There were 3 sales of the house in a 6 week period,all of which were a labeled a "warranty deed." My question is how does one determine the type of warranty deed(general/special)? Is there some phrase or terminology within it that would give an indication or is it considered general if not explicitly stated?
I'm also interested in the possible actions of the end buyers. They purchased it for cash with intentions to flip and obtained no title insurance. Attorneys we've consulted indicated they are SOL but I guess I'm looking for opposing viewpoints. They called us(we made them aware about six weeks ago) and stated a lawyer told them that they purchased the property in good faith and no judge would take it away from them or any person they sold it to and that we must seek our recourse through a civil suit with the forger. Could there be any circumstances that would make this true? I took it as a bluff but still wonder.
As a side note,the original "buyer" and notary have been charged with forgery in our case. The buyer also faces four similar charges in other houses and potentially 2 dozen total cases,assuming they can locate the owners and the DA goes forward with the cases which they are usually not interested in.
Thanks for any insight.
Deeds - Warranty: Types of Warranty Deeds
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