The Power of Document Investigation in Houston Texas
Title Defects – We often use a document investigation to clear title defects. We investigate all the title documents to ensure no title defects or establish where a title defect took place. Once we know a title defect exists, we can then attempt to clear that defect.
For example, a client is attempting to purchase a property via owner financing. A document investigation is recommended before proceeding with the sale to ensure a clear title. Once the document investigation is conducted, it is determined that the owner has multiple liens on the property. Without the document investigation, the client would have inherited tens of thousands of dollars in liens by purchasing the property.
Foreclosure Defense – Many times in foreclosure defense the document investigation is a tool to create leverage. If we can find violations that the lender committed, then it can be used to stop foreclosure and get the lender to offer an alternative to foreclosure such as a loan modification or short sale. In some cases we can even rescind a foreclosure.
For example, a client is up for foreclosure. Once the document investigation is conducted, it is determined that the trustee did not properly notice the borrower of the foreclosure. This will halt the foreclosure immediately. Without the document investigation, the client would have been foreclosed on their property and lost all the equity in their home. In addition, they may have been evicted from their home without a place to stay.
Probate – In probate matters, the document investigation is used determine what assets and liabilities an estate has. Determining the assets and liabilities of an estate is important in probating an estate. In fact, it cannot be done without completing that process. In addition, the document investigation is used to determine the proper heirs of the estate.
For example, a client’s father has passed and they are trying to probate his estate. Once the document investigation is conducted, it is determined that the father owed 5 additional properties that the client was unaware of. Without the document investigation, the client would have potentially lost interest to 5 properties.