In order to purchase your land, we require that the title is completely clean and marketable. We run a comprehensive title search on all potential properties and cannot buy the land without having all owners able to sign and notarize the transfer.
Remember that when needing to speak to an attorney or lawyer, many will offer a free 30 minute phone call to discuss your situation. You can find many on websites like Avvo.com or by Googling real estate lawyers in your area.
We cannot buy the following types of properties:
- I’m paying taxes but I’m not on the title directly – it is usually more complicated matter than we can handle. While there may be a simple solution, more often than not, you’ll have to talk to an attorney or lawyer to work towards having the title in your name. (Sometimes the Living Will can get around this but it is up to you to talk to a professional)
- It belonged to my parents who are now deceased. I’m paying the taxes – While it may be possible to transfer it to your name, be aware it will likely cost money to do so. It is best to speak with a lawyer in that case. Once you have the title fully in your name only then we can work with it.
- I am on the title along with someone deceased via a “Tenancy in Common” – Unlike a joint tenancy, which usually passes directly to the remaining person(s) upon death of a title holder, tenancy in common is usually passed to the next of kin. Unless specifically stated in the will to be passed to the remaining persons 100%, it may be now in the hands of multiple children or other relatives of the deceased. In some cases, people who were blood related to each other on the title via tenancy in common experience a death of one person and end up with a complete stranger owning half of the property! Again it will require a professional to handle properly changing the title to be marketable.
- What if all the original owners have passed away: we will typically need proof of probate indicating that title has transferred to you as the heir.
The following title types are likely to be transferable without probate:
- Joint tenancy with right of survivorship (we will usually need a death certificate to be recorded with the county to move ownership to surviving spouse.)
- Tenancy by the entirety
- Community property with right of survivorship
- Revocable Living Trust
However we ask that you manage the transfer to your name yourself and consult an expert.