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Old 12-23-2004, 10:00 AM
HenryBowman
 
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So I cannot start an action against the closing attorney and the Grantor of this land to get them to produce certified proof of true title?

Does one have to challenge with a Land Patent?

Or does one (me) have the right to ask for Certified Documentation of True Title to the Land?

The Warranty Deed says they have "the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against lawful claims of all persons whomsoever…”

Can I demand Proof?

HB

Let me answer my own question:

They warrant that they: "will warrant and defend the title against lawful claims of all persons whomsoever…”

If the Bank wants to say they have lawful claim to the land, then the Grantor has just warranted that they will defend the title against that. Right?

HB
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