Escrow officers trained to be looking for fraud
I read that someone was just sentenced to a lengthy prison term for real estate deed fraud. This person forged legal documents to sell homes they did not own without the knowledge of the rightful owner. How can this be prevented or alternatively, can this be stopped as long as there is a mortgage lien on the owned property? This is a scary scenario for both a prospective buyer and unsuspecting owner.
Forged deeds are a fact of life. When you deal with criminals, they think of many ways to cheat. Title companies deal with this stuff all the time. That’s a big reason why we use them. When they issue an insurance policy, they guarantee the documents were executed properly. Escrow officers are constantly trained to be looking for fraud.
My neighbor’s a jerk. He’s constantly watching my house and me. He never comes on my property, but he’s so intimidating that I hate to go outside. What can I do to stop this behavior?
Unfortunately, there’s little one can do with a crazy neighbor if he’s doing nothing illegal. If he’s abusive, tries to trespass or threatens you, call the police. Self-help is seldom a good remedy in these situations.
I’m moving here from Massachusetts and buying a new home in Texas. My lender in Massachusetts wants to know how to confirm my builder has the right to sign the deed. How do we handle this? Welcome to Texas. Our title insurance policies here guarantee that the parties’ have the capacity to sign documents. They will take care of those issues at the closing of the sale. Your lender doesn’t need to worry. What is the difference between the bylaws and the restrictions on our subdivision?
The restrictions generally refer to the land use regulation (size of house, exterior material, setback lines, etc.) The bylaws deal with running the association meetings, duties of officers, indemnities for the officers and directors acting in good faith, and agenda procedures.
Both may have provisions for amendment, voting procedures, and day-to-day enforcement issues. You need to read both carefully. They are different and both change from subdivision to subdivision. It is smart to be active in your HOA.
To send a question, visit www.AskGeorge. net and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.