Title to real property passes upon the death of the owner. However, the estate must be probated in order for legal title to pass to the heirs whether the decedent left a will or not. Title to real estate is also transferred when the owner executes a deed and delivers the deed to the new owner. The deed must be recorded in the land records.
Yes, providing that the grantor is the legal owner of the property.
Yes. If you signed the documents then the mortgage is valid. However, you should notify the attorney who represented you at the closing that your name is misspelled. A corrective deed and mortgage should be recorded at the attorney's expense to clear your title. You should do that ASAP.Yes. If you signed the documents then the mortgage is valid. However, you should notify the attorney who represented you at the closing that your name is misspelled. A corrective deed and mortgage should be recorded at the attorney's expense to clear your title. You should do that ASAP.Yes. If you signed the documents then the mortgage is valid. However, you should notify the attorney who represented you at the closing that your name is misspelled. A corrective deed and mortgage should be recorded at the attorney's expense to clear your title. You should do that ASAP.Yes. If you signed the documents then the mortgage is valid. However, you should notify the attorney who represented you at the closing that your name is misspelled. A corrective deed and mortgage should be recorded at the attorney's expense to clear your title. You should do that ASAP.
When it has been signed by the buyer and seller.
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
Real estate tax lien
Nope. A signed document is a valid instrument no matter whose hands it has not reached. Same thing happens when there is a signed Deed that has not been recorded by the county. Just because the county doesn't have a record of it doesn't mean that the signed Deed does not convey ownership.
A mortgage is valid only against the interest of the person who granted the mortgage. If you own real estate with another person and they grant a mortgage then your interest isn't affected. If the lender forecloses it only acquires the interest of the one person who granted he mortgage.
If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.If they signed the mortgage they are responsible for paying it. Generally the holder of a life estate who wants a mortgage on the property must obtain the written consent of the remainders for the mortgage to be valid as against the real estate. The written consent is the same as cosigning the mortgage.
An estate that includes real estate must be probated in order for title to pass to the heirs. Until the estate is duly probated you don't own the property legally and cannot execute a valid deed. An attorney examining the title to the property for a proposed buyer would insist the estate be probated in order to pass clear title.
You need to consult with an attorney who specializes in probate and real estate law in your area. Deeds recorded after the death of the grantor can create title problems. There may be different practices in different jurisdictions. A title company may require some declaratory action to quiet title before it will issue any policies on the property. That means the expense of a court action that results with a court order recorded in the land records.
A deed must be signed by the parties to the deed. If one of them was dead when the deed was created, then they could not have signed the document!
You contact an attorney who specializes in real estate law who can determine if you have a valid claim.
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