Tenants In Common
I am requesting legal guidance on a property issue that arose after my father’s death six years ago. At that time, neither his will nor his trust were probated. My mother’s home was under a reverse mortgage, and she relinquished their cars. After his death, the bank closed his loan since it was in her name, and we were told no further action was required.
Now, as I attempt to secure a loan on my fully paid-off home, I discovered the deed still lists my mother, father, husband, and me as owners, held as tenants in common. The title company halted the process because the title cannot be cleared. They requested a "Questionnaire of Heirs." I filled this out to gather background information since I don’t have all the details on my father’s other children. My mother did contact his four other children after his death, but they only offered condolences and never engaged further, as we have no relationship with them.
When the title company requested the questionnaire, I reached out to all four. I only got a response from one, Linda, who rejected any involvement, saying my father abandoned them as children and that they were not part of this. She only wanted a copy of the will and the questionnaire but has refused all further contact. I also reached out to the other three—calls, texts, and messages—explaining the urgency, even offering compensation, but they have not responded.
Could you advise on how we might legally proceed, given these refusals, so we can clear the title and meet my mortgage deadline? I was advised that a muniment of title might be a possible option. I would appreciate your guidance on whether this approach is viable or if other steps are needed.
Thank you again for your help.
Location: Texas
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