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  1. #1
    Join Date
    May 2012

    Default Legal Description on Deed Matches No Property

    My question involves real estate located in the State of: Texas

    In 2006, my husband and I purchased a home in TX (he's on the note and both of us are listed on the deed.) About a month later, the county court clerk sends us a letter, with our deed in it, stating that she was unable to file our deed because the legal description does not match any property in the county. The legal read something like this "Vol.10, pg.131, Vol.50, pg.19...etc.", just a long line of Volumes and page numbers with no actual lots or blocks or even county description. After calling American Title Company for days which is where we closed on the property, and who also sold us our Title Insurance Policy, with no reply, I went to the courthouse to find the true legal description for our property. The court clerk then suggested that I just write "Corrected Deed" at the top of our Warranty Deed and put the true and correct description under the one on the original paperwork, have both my husband and I initial it, and she would file it--which is what we did. A couple years later, my husband got a notice in the mail that said our property was listed as an asset in the bankruptcy proceedings for Deutsche Bank. We had purchased the property as a foreclosure, and they are the ones that had owned the property previously. He called our mortgage company who said it must have been a mistake and not to worry about it. At that time, we weren't really thinking about the original legal description problem since the clerk let us file it.
    I am wondering what we should do to fix this problem or if it can be fixed. Technically, Deutsche Bank is gone, isn't it? The corrections on the deed probably serve to give notice to others, but I am guessing it doesn't give us legal title or our mortgage company any rights in the property either, since the corrections weren't performed by the Grantor or even notarized by anyone. Anybody have any suggestions?

  2. #2
    Join Date
    Oct 2007

    Default Re: Legal Description on Deed Matches No Property

    Anybody have any suggestions?
    Clerks of court are not allowed to give legal advice- for good reason.

    You really need to get a local attorney to fix this for you

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