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Use the Affidavit of Deed....

Posted by Ward-CA- on December 04, 2003 at 10:29 PM

In Reply to: Help! Uninsured Deed Transactions posted by Warren (So. Ca.) on December 04, 2003 at 10:07 PM

: Hey Gang,

: I've bought several properties directly from Sellers without an escrow and without title insurance. I'd like some advise as to how get title insurance on these properties (after the fact), and also on what I can do in the future to legitimize these transactions, while I'm doing them. Title officers are no help so far. Their first response is shock, followed by a lecture on why I need an escrow. One title officer told me that even if I get a Declaration of Uninsured Deed signed at the time I purchase, he still doubts I'll be able to get a policy. He told the declaration will only help my new buyer's title company see past the prior uninsured transation. Any help is greatly appreciated.
==========

Warren,

Most of us aren’t going to hold title long enough to care about title insurance while we own the property. What we really want to make sure of is, that upon our resale, we can get title insurance for our Buyer.

What seems to do the trick is get from our Seller an Affidavit of Deed, basically an estoppel, avering that the deed was signed freely, without any duress, coercion, etc.

Hope this helps.


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