Found Deceased TX - Alan White, 55, seen leaving LA Fitness, Dallas, 22 Oct 2020 #3

[anonypotomous]

How does someone legally sell a home without one of the owner's permission? Alan hasn't been declared dead. He's just missing and he's only been missing a few months! This is so weird, imo.

They can't, that's the weird part. Some info I found in a other forum about it from a TX real estate people:

- - -

There’s no way he legally sold this house.

Option 1) he sold it cash- if so, the buyer COULD opt to purchase this house cash and forgo a title search. However, ANYONE with the cash to buy million+ property would KNOW they needed a title search to ensure the property was free and clear to buy..

Option 2) he sold it legally using the POA and Alan is alive and he or someone else confirmed he was living.

The ONLY other option is that he went to a REALLY sketchy title co who also had to have a REALLY sketchy title insurer what is willing to insure this transaction (which isn’t likely, because they will be liable when **** hits the fan)..

So to explain. We (title co) examine the title of a property. We determine who owns it, etc then we propose to a company wiling to insure what we found. We research EVERYTHING!!

NO COMPANY would research this file and insure this knowing this man is MISSING unless they KNOW he isn’t!

Because, just say, if in 2 years this new buyer tried to sell and, for example, they find out Alan was dead when Rusty signed for him, then they have a claim against that company for the ENTIRE price of the house!

- - -

He’s screwed until either Alan turns up alive OR his will is probated! Or, if there is no will, his estate is settled or affidavits of heirship are completed and filed..

- - -

A POA is null and void upon death but also to use it, you have to be able to prove life.

- - -

POA CANNOT BE USED of someone is dead. And we have to CONFIRM the principal is alive for the atty in fact to sign. So this make NO SENSE.

You cannot use a POA on a dead person but in order to use a POA you HAVE TO CONFIRM that said person is ALIVE!! If they’re not alive the POA cannot be used. If some title company didn’t confirm this, they’re liable in the future and I SERIOUSLY can’t see this happening. They would be liable for a MILLION dollar home. This is sketchy, which makes me believe he’s alive.

- - -

The legality falls more on the actual seller and title company. We only know what’s been disclosed to us. The title company runs the title searches. As an agent, anything rated to title doesn’t fall on me. The only way an agent would be liable is if they had the intel that it was a fraudulent sale and proceeded with the transaction. Disclosure is the utmost important aspect of a real estate transaction for all parties involved.

Also, I have had many cash buyers in my career and we ALWAYS go through a title company to close. I have never, in my 11 years in the business, not closed with a title company. Not all title companies are created equally and some make mistakes, but, this would be a HUGE mistake and I can’t imagine a title company would willing to commit fraud.

I agree that it seems he could be alive. Maybe they figured out he was alive about the time the family went silent. They def went radio silent and they did so for a reason. Who knows. It’s all very odd.

- - -

 

[rosesfromangels]

They can't, that's the weird part. Some info I found in a other forum about it from a TX real estate people:

- - -

There’s no way he legally sold this house.

Option 1) he sold it cash- if so, the buyer COULD opt to purchase this house cash and forgo a title search. However, ANYONE with the cash to buy million+ property would KNOW they needed a title search to ensure the property was free and clear to buy..

Option 2) he sold it legally using the POA and Alan is alive and he or someone else confirmed he was living.

The ONLY other option is that he went to a REALLY sketchy title co who also had to have a REALLY sketchy title insurer what is willing to insure this transaction (which isn’t likely, because they will be liable when **** hits the fan)..

So to explain. We (title co) examine the title of a property. We determine who owns it, etc then we propose to a company wiling to insure what we found. We research EVERYTHING!!

NO COMPANY would research this file and insure this knowing this man is MISSING unless they KNOW he isn’t!

Because, just say, if in 2 years this new buyer tried to sell and, for example, they find out Alan was dead when Rusty signed for him, then they have a claim against that company for the ENTIRE price of the house!

- - -

He’s screwed until either Alan turns up alive OR his will is probated! Or, if there is no will, his estate is settled or affidavits of heirship are completed and filed..

- - -

A POA is null and void upon death but also to use it, you have to be able to prove life.

- - -

POA CANNOT BE USED of someone is dead. And we have to CONFIRM the principal is alive for the atty in fact to sign. So this make NO SENSE.

You cannot use a POA on a dead person but in order to use a POA you HAVE TO CONFIRM that said person is ALIVE!! If they’re not alive the POA cannot be used. If some title company didn’t confirm this, they’re liable in the future and I SERIOUSLY can’t see this happening. They would be liable for a MILLION dollar home. This is sketchy, which makes me believe he’s alive.

- - -

The legality falls more on the actual seller and title company. We only know what’s been disclosed to us. The title company runs the title searches. As an agent, anything rated to title doesn’t fall on me. The only way an agent would be liable is if they had the intel that it was a fraudulent sale and proceeded with the transaction. Disclosure is the utmost important aspect of a real estate transaction for all parties involved.

Also, I have had many cash buyers in my career and we ALWAYS go through a title company to close. I have never, in my 11 years in the business, not closed with a title company. Not all title companies are created equally and some make mistakes, but, this would be a HUGE mistake and I can’t imagine a title company would willing to commit fraud.

I agree that it seems he could be alive. Maybe they figured out he was alive about the time the family went silent. They def went radio silent and they did so for a reason. Who knows. It’s all very odd.

Perhaps the title/deed to this particular property was in RJ's name?

Amateur opinion and speculation

 

[303gmf]

They can't, that's the weird part. Some info I found in a other forum about it from a TX real estate people:

- - -

There’s no way he legally sold this house.

Option 1) he sold it cash- if so, the buyer COULD opt to purchase this house cash and forgo a title search. However, ANYONE with the cash to buy million+ property would KNOW they needed a title search to ensure the property was free and clear to buy..

Option 2) he sold it legally using the POA and Alan is alive and he or someone else confirmed he was living.

The ONLY other option is that he went to a REALLY sketchy title co who also had to have a REALLY sketchy title insurer what is willing to insure this transaction (which isn’t likely, because they will be liable when **** hits the fan)..

So to explain. We (title co) examine the title of a property. We determine who owns it, etc then we propose to a company wiling to insure what we found. We research EVERYTHING!!

NO COMPANY would research this file and insure this knowing this man is MISSING unless they KNOW he isn’t!

Because, just say, if in 2 years this new buyer tried to sell and, for example, they find out Alan was dead when Rusty signed for him, then they have a claim against that company for the ENTIRE price of the house!

- - -

He’s screwed until either Alan turns up alive OR his will is probated! Or, if there is no will, his estate is settled or affidavits of heirship are completed and filed..

- - -

A POA is null and void upon death but also to use it, you have to be able to prove life.

- - -

POA CANNOT BE USED of someone is dead. And we have to CONFIRM the principal is alive for the atty in fact to sign. So this make NO SENSE.

You cannot use a POA on a dead person but in order to use a POA you HAVE TO CONFIRM that said person is ALIVE!! If they’re not alive the POA cannot be used. If some title company didn’t confirm this, they’re liable in the future and I SERIOUSLY can’t see this happening. They would be liable for a MILLION dollar home. This is sketchy, which makes me believe he’s alive.

- - -

The legality falls more on the actual seller and title company. We only know what’s been disclosed to us. The title company runs the title searches. As an agent, anything rated to title doesn’t fall on me. The only way an agent would be liable is if they had the intel that it was a fraudulent sale and proceeded with the transaction. Disclosure is the utmost important aspect of a real estate transaction for all parties involved.

Also, I have had many cash buyers in my career and we ALWAYS go through a title company to close. I have never, in my 11 years in the business, not closed with a title company. Not all title companies are created equally and some make mistakes, but, this would be a HUGE mistake and I can’t imagine a title company would willing to commit fraud.

I agree that it seems he could be alive. Maybe they figured out he was alive about the time the family went silent. They def went radio silent and they did so for a reason. Who knows. It’s all very odd.

In the Morphew case in Colorado her home just sold while she is still missing 10 months later. Hubby got guardianship to accomplish this, could be similar ?

 

[anonypotomous]

In the Morphew case in Colorado her home just sold while she is still missing 10 months later. Hubby got guardianship to accomplish this, could be similar ?

Yes, but it I believe we would see that in the paperwork, yes? However the sale was accomplished, it's a done deal, so there must have been a way. Maybe a court order and it's just not public.

The fact that he was only two months missing when the house was put up for sale, however, gives me pause. Would a judge grant something like this after only 2 months?

All of the comments I posted from the real estate forum are solely based on what can be looked up publicly, via public records. And that's Rusty merely using the POA, which is all we can see.

Anyone here who is a real estate expert care to chime in?

 

[happyday]

They can't, that's the weird part. Some info I found in a other forum about it from a TX real estate people:

- - -

There’s no way he legally sold this house.

Option 1) he sold it cash- if so, the buyer COULD opt to purchase this house cash and forgo a title search. However, ANYONE with the cash to buy million+ property would KNOW they needed a title search to ensure the property was free and clear to buy..

Option 2) he sold it legally using the POA and Alan is alive and he or someone else confirmed he was living.

The ONLY other option is that he went to a REALLY sketchy title co who also had to have a REALLY sketchy title insurer what is willing to insure this transaction (which isn’t likely, because they will be liable when **** hits the fan)..

So to explain. We (title co) examine the title of a property. We determine who owns it, etc then we propose to a company wiling to insure what we found. We research EVERYTHING!!

NO COMPANY would research this file and insure this knowing this man is MISSING unless they KNOW he isn’t!

Because, just say, if in 2 years this new buyer tried to sell and, for example, they find out Alan was dead when Rusty signed for him, then they have a claim against that company for the ENTIRE price of the house!

- - -

He’s screwed until either Alan turns up alive OR his will is probated! Or, if there is no will, his estate is settled or affidavits of heirship are completed and filed..

- - -

A POA is null and void upon death but also to use it, you have to be able to prove life.

- - -

POA CANNOT BE USED of someone is dead. And we have to CONFIRM the principal is alive for the atty in fact to sign. So this make NO SENSE.

You cannot use a POA on a dead person but in order to use a POA you HAVE TO CONFIRM that said person is ALIVE!! If they’re not alive the POA cannot be used. If some title company didn’t confirm this, they’re liable in the future and I SERIOUSLY can’t see this happening. They would be liable for a MILLION dollar home. This is sketchy, which makes me believe he’s alive.

- - -

The legality falls more on the actual seller and title company. We only know what’s been disclosed to us. The title company runs the title searches. As an agent, anything rated to title doesn’t fall on me. The only way an agent would be liable is if they had the intel that it was a fraudulent sale and proceeded with the transaction. Disclosure is the utmost important aspect of a real estate transaction for all parties involved.

Also, I have had many cash buyers in my career and we ALWAYS go through a title company to close. I have never, in my 11 years in the business, not closed with a title company. Not all title companies are created equally and some make mistakes, but, this would be a HUGE mistake and I can’t imagine a title company would willing to commit fraud.

I agree that it seems he could be alive. Maybe they figured out he was alive about the time the family went silent. They def went radio silent and they did so for a reason. Who knows. It’s all very odd.

- - -

Do we know for a fact Alan was on the deed?

 

[anonypotomous]

Do we know for a fact Alan was on the deed?

Yes

 

[happyday]

Yes

Okay then yeah, I’m stumped. Except like 303gmf said, perhaps he was able to get guardianship? IDK.

 

[Backstroke10]

Okay then yeah, I’m stumped. Except like 303gmf said, perhaps he was able to get guardianship? IDK.

I’m stumped too. Could his name have been removed shortly before his disappearance? Is there some public record/website that shows both names on the deed? MOO
ETA @anonypotomous is there a website to see who is on the deed?

 

[Ontario Mom]

In the Morphew case in Colorado her home just sold while she is still missing 10 months later. Hubby got guardianship to accomplish this, could be similar ?

I know zilch about real estate and/or Texas law but that's the only thing that makes sense to me. Hubby (possibly) did the same here as Morphew did, and filed legal documentation to gain authority over the homeownership so that he could sell it. I can't think of any other cases offhand where the missing person's name was on the home ownership and the remaining spouse sold the house while they were still missing.

jmo

 

[anonypotomous]

I’m stumped too. Could his name have been removed shortly before his disappearance? Is there some public record/website that shows both names on the deed? MOO
ETA @anonypotomous is there a website to see who is on the deed?

County Clerks:
LINK: County Clerk Results

 

[Orgona]

County Clerks:
LINK: County Clerk Results

Very helpful, thanks.
There is a point on the top of page 2 of the first document which gives the power to the husband in case of AW is incapacitated.
Now IANAL, but he might be in the category of being incapacitated while missing, because he is not in a position to make decisions, but he is also not declared dead yet.
I think this was somewhat similar to the rule used by Barry Morphew to became the guardian of his missing wife’s affairs.

IMO

(I couldn’t read further than page two, because it was loading and loading and never did...)

 

[anonypotomous]

The house was put up for sale the exact day Alan was listed as "Endangered Missing."

Coincidence?

 

[anonypotomous]

The location the quoted poster describes is in Dallas where the river flows southeast. The location where the body was found is 4 or 5 miles away due west in Irving where the water flows southwest. Not saying it's not Alan but unlikely it's a body dumped in the Dallas location making it's way to the Irving location.

Thank you for your local info, I've no clue to TX geography. Thanks!

 

[anonypotomous]

Also, I am assuming that there has to be meetings with an agent, bank, etc before a house is even put on the market. So in reality he was looking to unload the house probably closer to 5 or 6 weeks after Alan went missing. It seems like a really quick move, IMO. It just leads me to think they know a lot more than we do.

 

[Dallas Volunteer]

Thank you for your local info, I've no clue to TX geography.

This is a neat map that shows the Texas river basins with the Trinity starting in Northeast Texas and emptying into Galveston Bay.
Secondary Streams of Texas | Texas Almanac

The Trinity branches out across the Dallas/Ft Worth metroplex (I'll see if I can find a good map) and while there have been improvements in water quality, water accessibility and conservation in recent years it is still known as a dumping ground. Evidenced by the link another poster provided upthread that reported a Dallas cop hiring someone to murder two individuals and dump their bodies in the Trinity. Search on 'Trinity River dead bodies' and 'Trinity River dumped cars' and you will see an unfortunate number of results.

 

[happyday]

Man's Body Recovered From Trinity River
????

We should keep an eye on this, because this is really pretty close to where he went missing. It sounds like the body was found caught up in brush or a tree in the river. I know lots of bodies end up in the Trinity River, unfortunately, but I’m definitely going to watch for this one to be ID’d.

 

[diggndeeperstill]

Despite his disappearance, missing United Airlines exec Jake Cefolia sells Elmhurst home for $523,000

They can't, that's the weird part. Some info I found in a other forum about it from a TX real estate people:

- - -

There’s no way he legally sold this house.

Option 1) he sold it cash- if so, the buyer COULD opt to purchase this house cash and forgo a title search. However, ANYONE with the cash to buy million+ property would KNOW they needed a title search to ensure the property was free and clear to buy..

Option 2) he sold it legally using the POA and Alan is alive and he or someone else confirmed he was living.

The ONLY other option is that he went to a REALLY sketchy title co who also had to have a REALLY sketchy title insurer what is willing to insure this transaction (which isn’t likely, because they will be liable when **** hits the fan)..

So to explain. We (title co) examine the title of a property. We determine who owns it, etc then we propose to a company wiling to insure what we found. We research EVERYTHING!!

NO COMPANY would research this file and insure this knowing this man is MISSING unless they KNOW he isn’t!

Because, just say, if in 2 years this new buyer tried to sell and, for example, they find out Alan was dead when Rusty signed for him, then they have a claim against that company for the ENTIRE price of the house!

- - -

He’s screwed until either Alan turns up alive OR his will is probated! Or, if there is no will, his estate is settled or affidavits of heirship are completed and filed..

- - -

A POA is null and void upon death but also to use it, you have to be able to prove life.

- - -

POA CANNOT BE USED of someone is dead. And we have to CONFIRM the principal is alive for the atty in fact to sign. So this make NO SENSE.

You cannot use a POA on a dead person but in order to use a POA you HAVE TO CONFIRM that said person is ALIVE!! If they’re not alive the POA cannot be used. If some title company didn’t confirm this, they’re liable in the future and I SERIOUSLY can’t see this happening. They would be liable for a MILLION dollar home. This is sketchy, which makes me believe he’s alive.

- - -

The legality falls more on the actual seller and title company. We only know what’s been disclosed to us. The title company runs the title searches. As an agent, anything rated to title doesn’t fall on me. The only way an agent would be liable is if they had the intel that it was a fraudulent sale and proceeded with the transaction. Disclosure is the utmost important aspect of a real estate transaction for all parties involved.

Also, I have had many cash buyers in my career and we ALWAYS go through a title company to close. I have never, in my 11 years in the business, not closed with a title company. Not all title companies are created equally and some make mistakes, but, this would be a HUGE mistake and I can’t imagine a title company would willing to commit fraud.

I agree that it seems he could be alive. Maybe they figured out he was alive about the time the family went silent. They def went radio silent and they did so for a reason. Who knows. It’s all very odd.

- - -

That’s interesting if that is the case. There is another case I’ve been following here on websleuths, another missing executive with United. Jake Cefolia. His house just sold in Chicago under a POA as well. He’s been missing for a few months. There’s an article in the quote I included above.


Here’s a link. IL - IL - Jake Cefolia, 49, jogging, car found, SVP of United Airlines, Chicago, 6 Aug 2020

And here’s a an easy link to all documents for Alan White. Loading Results...

 

[anonypotomous]

That’s interesting if that is the case. There is another case I’ve been following here on websleuths, another missing executive with United. Jake Cefolia. His house just sold in Chicago under a POA as well. He’s been missing for a few months. There’s an article in the quote I included above.

But he originally put it up for sale himself. Would that make a difference??

“Airline executive put up house for sale two months before he disappeared.”

Missing Elmhurst Man's House Sold

 

[Backstroke10]

County Clerks:
LINK: County Clerk Results

Thank you. Very helpful.

 

[KatzEye]

And here’s a an easy link to all documents for Alan White. Loading Results...

Thank you - quite interesting.