Title Issue
I have a seller in Arizona who owns an 85% undivided interest in two parcels. Two other heirs each own 7.5% and have ignored certified letters for years. The original property was surveyed and split into two parcels after the owner's mother passed away intestate. One parcel has a manufactured home the seller wants to sell immediately, while the other has a cloud on title due to the co-owners.
My questions are:
  1. If the property was legally split into two separate parcels, do the 7.5% heirs automatically own 7.5% of bothparcels, or could one parcel have clean title?
  2. Has anyone successfully closed on a situation like this without obtaining the missing heirs' signatures?
  3. Would a title company insure the sale of the seller's 85% interest, or is a partition action typically required first?
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Michecarly Osirus
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Title Issue
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