Execution of Documents

How documents are executed (or signed) can be one of the single most important factors of how enforceable a contract may be in case of a dispute. Anytime the property is being sold, the seller should reflect the actual title owner and any spouse. There are exceptions to the spouse rule, of course, but generally speaking on residential property you will include the spouse whether listed as an owner or not.

If the record title owner is deceased, that title owner should NEVER be listed as the seller on the contract. If the deceased owner had a will and probated the will, then the court appointed representative will be listed as the seller.
For example: Paula Hester, Independent Executor for the Estate of Mickey Mouse, deceased.
It is really important that the seller's capacity be listed--Independent Executor, Dependent Executor, etc.

If the deceased seller died without a will, then we would simply list all of the heirs individually as the sellers. Each seller/heir would be required to sign all documents. To determine the heirs without a will, Affidavits of Heirship would be prepared.

If the record title owner is a coporation, then the corporation name will be listed as the seller.
For example: Fidelity National Title Agency, Inc.
The documents will be signed by an authorized corporate representative and would be listed like this: Mickey Mouse, President World Wide Cartoons, Inc.

Another common type of sellers are Trusts. A Trust seller would look like this:
Paula Hester, Trustee of the Paula Hester Living Trust.
The contract signature line would look the same as above.

If the parties are using a Power of Attorney, the seller would be the actual seller's name, but the signature line would look like this: Paula Hester, by Mickey Mouse Attorney in Fact.

There are many different types of entities that you may encounter as sellers or buyers! Don't be afraid to ask questions or look to us for assistance in completing your contracts!

Paula Hester
Escrow Admin DFW