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Deeds cannot be "contested". An owner of real property has the right to convey her property to whoever she chooses and no other person has the right to challenge it. If you think the deed was fraudulant that is another issue. In that case you need to seek the advice of an attorney who can review your claim and advise you on your options.
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How do you correct an unrecorded quit claim deed when the grantor is deceased?
You cannot correct an error in an unrecorded deed when the grantor has died. You need to take the matter before a judge and request the court's help in making the necessary corrections, depending on the nature of the error. The deed may be deemed null and void. In that case, the grantor's estate must be probated and you must get a deed from the estate or from the heirs. You need to have your situation reviewed by an attorney who specializes in real estate law in your jurisdiction.
Does a quit claim need notarization The Grantor died after signing the deed?
Generally, yes. You need to check the laws in your jurisdiction because laws vary.
How is title on property conveyed after the death of the grantor in a life estate deed?
I will assume that the 'grantor' conveyed property to you and reserved a life estate. If that life tenant has died their life estate is extinguished. You need to record a Death Certificate in the land records to show proof of their death. You are now the fee owner and the property is free and clear of the life estate. You can convey the property by any type of deed listing you as the grantor. You could add a statement at the end of the deed stating that the life tenant (name) died on (date) and a Death Certificate is recorded in (recording reference). You could also attach a Death certificate to the deed of conveyance and record both at the same time.
What can you do you if you have lost your grant deed?
You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.
Does a deed have to be rewritten to add a child's name to the deed to be transferred at death?
Yes. You would need to draft and record a new deed in the land records. If you wish to add an adult child's name to your deed as a joint tenant with the right of survivorship you must consult with an attorney to make certain the deed is properly drafted. Deeds should always be drafted by a professional who can explain the consequences and draft the deed properly. Errors made by non-professionals can be costly to correct if they can be corrected. Adding to that problem is the fact that errors may not be discovered until years later when the grantor has died.Yes. You would need to draft and record a new deed in the land records. If you wish to add an adult child's name to your deed as a joint tenant with the right of survivorship you must consult with an attorney to make certain the deed is properly drafted. Deeds should always be drafted by a professional who can explain the consequences and draft the deed properly. Errors made by non-professionals can be costly to correct if they can be corrected. Adding to that problem is the fact that errors may not be discovered until years later when the grantor has died.Yes. You would need to draft and record a new deed in the land records. If you wish to add an adult child's name to your deed as a joint tenant with the right of survivorship you must consult with an attorney to make certain the deed is properly drafted. Deeds should always be drafted by a professional who can explain the consequences and draft the deed properly. Errors made by non-professionals can be costly to correct if they can be corrected. Adding to that problem is the fact that errors may not be discovered until years later when the grantor has died.Yes. You would need to draft and record a new deed in the land records. If you wish to add an adult child's name to your deed as a joint tenant with the right of survivorship you must consult with an attorney to make certain the deed is properly drafted. Deeds should always be drafted by a professional who can explain the consequences and draft the deed properly. Errors made by non-professionals can be costly to correct if they can be corrected. Adding to that problem is the fact that errors may not be discovered until years later when the grantor has died.
How long does it take after a deed is recorded for it to be valid?
A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.A deed is valid against the world the moment it is recorded as long as the grantor owns the land. See related question.
What would happen if a deed of gift was lost or mislaid?
Generally there would be no problem as long as the deed was recorded in the land records. If the original is lost you can get a copy at the land records office. If the deed was never recorded then you have a serious problem, especially if the grantor has died. Generally, in that case the owner's estate would need to be probated and the propery would pass to their heirs at law unless that deed is found and recorded. If the owner is still living they should execute another deed and it should be recorded immediately.
Does the quit claim need to be registered to be legal in the state of Michgan?
In Massachusetts a quitclaim deed (any deed) is only effective against the grantor until it is recorded. Once it is recorded it is effective against the whole world. Suppose you have a quitclaim deed for land you purchased years ago but that you did not record in the land records. Suppose the grantor forgot that he sold the land to you or suppose that he has died. If you haven't recorded your deed then no one knows you own that land. Generally, when a person intends to purchase real estate she contacts an attorney to handle the purchase and the attorney has the record title for the property examined to check for any encumbrances, defects and to confirm that the person selling actually owns the property. Now suppose that the same person who sold the land to you (or their heirs) later sold the land to someone else. Suppose that other person went right down to the land records office and recorded her deed. In Massachusetts she would own the land because Massachusetts is a "race notice" state. The first one to record a deed owns the land. In that case you would have a cause of action against the grantor who took your money but you would have lost out on owning the land. Not recording a deed can have serious consequences. You should seek the advice of an attorney in your area for whatever you are contemplating.
What is the name of the song that goes you are blue you got deed you got died you got deed you got died you got deed you got died?
Its Blue (da ba de) by Eiffel 65
When did André Deed die?
André Deed died on 1940-10-04.
Quit claim IL never notarized or filed is it legal The granter and grantee are not disputing grantee owns the house But can a Judge or Attorney say that I don't it because it was not filed?
If you don't have a properly executed deed then you are not the owner of the property. Generally, a deed must be acknowledged before a notary in order to be valid. Then, in order to be effective against the world it must be recorded in the land records. Until all that happens you are NOT the record owner of the property. Keeping in mind that you don't have a valid deed, you should be aware that the owner of the property can execute a deed to a third party or they can devise the property to someone by will. If that deed is properly executed and that third party records the deed in the land records then they would be the new owner. If the property is devised by will that would be prima facie evidence they didn't want you to acquire the property. If the owner died without a will the law would require that the property pass to the next-of-kin according to the laws of intestacy. In your case, if the record owner of the property died you would need to have your title to the property established by a court decree and you would face an uphill battle. That would be very costly and you may lose. You would need to prove the owner wanted you to have the property and then then explain to the court's satisfaction why they didn't execute a proper deed transferring the title to you while they were still alive. An un-notarized deed may indicate the grantor changed their mind or signed it under some sort of pressure. There is a huge question mark hanging over your claim: If the grantor "agrees" that you own the land then why haven't they conveyed it to you by a valid deed and why isn't that deed recorded?
What if a former girl friend added her name to an unrecorded deed for your property and then recorded it?
She violated the law and you should file a criminal complaint. You could also bring an action in a court of equity and win a judgment against her. A court order would transfer the title to your name if the deed was legitimate. In any case you need to clear the title to the property. The court could be easily persuaded if the name she added does not match the other text on the deed. Also, the deed would have been returned to you at your address after it was entered into the records. The bigger question is why you have an unrecorded deed lying around. You are not the record owner of the property until the deed is recorded. You cannot insure the property or collect if it burns down. In your case, you found that an unrecorded deed can be tampered with or stolen. One of the best features of a modern society is the system of land registration that organizes and documents land ownership. Someone who is in possession of an unrecorded deed is treading on dangerous ground. Every state in the United States has its own recording statutes that address the recording in the land records of written instruments that affect the ownership of real property. There are three types of recording statutes: race, notice and race-notice. The purpose of the recording statutes is to give notice to the community that there has been a change in ownership or that there has been an encumbrance made against the real estate. Under the race process the priority of ownership in the case of more than one grantee would be determined by the first to record their deed. That priority would also apply in the other two types of recording statute states as long as the successive grantee was not given notice that the land had already been conveyed or encumbered. In practical terms this means that if an owner of land conveyed the property to two different grantees with the first not recording their deed, the second would own the property if they recorded their deed and if they had no notice of the first deed. The first grantee who didn't record their deed would only have a monetary claim against the grantor, they would not own the land. Generally, until the deed is recorded it can only be upheld against the grantor. If the deed remains unrecorded it can be lost, stolen, destroyed or accidently discarded. If that happens there is no record of the purchase. Should the grantor forget they conveyed the property to you and years later conveys the land to another grantee and THEY record their deed, that grantee would be the owner of the land. They announced their ownership to the world by recording their deed. Your deed would be only good for making a claim against the grantor to regain your purchase price if you sue in court and if you prevail. A more serious and difficult situation will result if the grantor died and you need to sue her heirs or estate. On the other hand, if the grantee in an unrecorded deed dies without recording it, their heirs will encounter legal problems in trying to claim the land, or, they may never know you purchased it. Another problem with not recording a deed arises if a creditor records a lien against the "former owner" who is actually still the record owner. The new owner is out of luck if they didn't record their deed. When you don't record your deed you create the possibility that liens will be recorded against the prior owner and the property will be subject to all of them. You can't sell the land until you record your deed, and, you may have to pay off liens at that time. If you don't record your deed you will not receive tax bills. If you don't receive them you won't know when the taxes are due and they may become delinquent. In that case the town can take possession of the property and you will never know. Deeds should always be recorded immediately.
