in the state of TX. is it legal to sell property that isn't in your name?

Question

a person transfered the deed to some land to my name. after he transfered it to some one else. I would like to know if I have any recorse.

Answer 1

It's only legal if you gave him power of attorney to do so.

Answer 2

You are showing valid concern for this kind of event. I think you should do some more checking also, unless you already have. It would surely help in getting you accurate input if you could tell more about how you found out about it, what kind of land is involved and if you already found out something of why the person did it.

If someone transferred property into your name without you even knowing about it, this alone is cause for concern because becoming a property owner, even for a short while, can trigger tax consequences and/or property taxes, or place you in the middle of an eventual real estate fraud investigation.

Another thing to wonder about is when it transfered 'out' of your name to someone else. In order for that to happen, someone would have had to place a 'signature' on the grant deed in the name of the property owner, which according to what you've written, it was you. Then are we saying someone would have forged your name? And if it looked like you sold a property, how will that effect your taxes for that year, but you may not find out about it for 2 or 3 years.

If I were in your position I would go to the recorder's office in the county the property is located and see what kind of documents were recorded on that property. I'd be looking for deeds of trust, etc, to see if you also have loans that are, or were, in your name also. And look to see what else is there.

You may want to consult with a real estate attorney as a last measure, or even a 'now' measure, to make sure you're doing the right thing.

Fraud is a type of crime that many victims don't even find out about until (at times) years later, so if you're getting the warning signs right now, don't ignore them. Get competent advice.

Answer 3

No it he deeded the land to someone else, he would no longer own it to deed it tosomeone else.

You need to do a title and deed search as to who the owner is, contact anyone that appears to have a claim, ( ie the other person who was deeded) and find out the situation, perhaps deeded over and then foreclosed on.

A quick claim deed for example does not actually say you own the property ( I know it should) but a quick claim deed merely says that they are giving you any of thier legal rights to that property. There is actually no warranty what so ever that they have the legal right to do this, that is what a warranty deed is.

But it is illegal to misrepresent or comment fraud.

Answer 4

Yes, you do have recourse. Go to the property tax office or the person and find out what this is all about. You don't say what kind of property this is or if you had knowledge of this, but if he transferred it to someone else first; that would have to be set aside for some reason like non payment or something before he could transfer it to you and there would have to be some consideration or money to make it legal.

Answer 5

A person can not tranfer the deed to someone then someone else without you approving and giving a quit claim deed. so yes i would pursue this

Answer 6

You may need a release from the other person. See a broker.

Answer 7

of course it is legal. as a matter of fact i am selling a bridge currently located in Brooklyn. anybody interested?

Answer 8

I wouldn't think that would be legal, but you might want to consult an attorney.

Answer 9

You will have to add details. I am having trouble trying to decipher your question.

But generally no, you can not sell ANYTHING that isn't yours.

Answer 10

Texas has no laws. Just ask Bush.