Awkward Moments In Real Estate Transfers And How To Handle Them
Real estate lawyers have seen some of the weirdest stuff transpire during property title transfers. Some of these things occur around about the time the transfer of title occurs, and sometimes right as the transfer meeting is occurring. If you have something awkward or weird happen during your property transfer meeting, or around the date and time it is supposed to take place, there are legal ways to address these issues. The following are a couple of examples that may seem similar to your situation and how they could be handled.
Someone Contests Ownership
You think you are buying the property from one person, but actually, that person does not really own the property. He/she either secured some rights to the property by nefarious means, or he/she secured some rights to the property by getting the owner to sign a quit claim deed and handing the property over to this "owner." When the real owner or a close family member contests the sale of the property, the transfer of the title cannot continue. You have just given a pile of money to someone who may not give the money back, and you are stuck with no house/property and a huge debt. The good news is that you can pursue criminal charges against the fraudster while acquiescing the rights of the property back to the original and rightful owner.
Someone Stakes a Claim on the Property Through a Newfound Will or as an Heir That Has Reappeared
Heirs' rights will always trump a property transfer. If an heir suddenly appears or reappears after years of being missing or unreachable and claims that the property being sold rightfully belongs to him/her, you will not be able to claim the property as your own. The deceased owner's will will stipulate who the property belongs to, and then that sudden reappearance of the heir means that this person has to prove in a court of law that he/she is the son/daughter of the deceased and the rightful heir of the property.
Until fully proven otherwise, the title of the property cannot be transferred into your name. The good news is that you will get the money back or not have to pay any money until this person claiming the property as his/hers proves that he/she has every right to claim it. If he/she cannot fully prove it, then another title transfer meeting is arranged so that the title transfer goes through.
To learn more, contact a real estate law office near you.