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There is no order of precedence in deeds. The rightful owner is determined by a comprehensive title examination. If ownership is in question then an attorney must place the claimants evidence in the best possible appeal to the court.
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Is declaring yourself a widow or widower in a deed considered adequate proof of death for your spouse when there is survivorship in the previous deed?
You need to record proof of death in order to clear the title.
Jointly owned property marriage ended reconciled and ended which document is valid the previous quit claim deed or the recent joint title deed can the quit claim deed be bought forward now?
The most current deed is the only deed that is valid. It is proof of the current ownership.The most current deed is the only deed that is valid. It is proof of the current ownership.The most current deed is the only deed that is valid. It is proof of the current ownership.The most current deed is the only deed that is valid. It is proof of the current ownership.
Does community property law over ride an executors deed?
Yes, community property takes precedence. The estate cannot do something with property that does not belong to them.
Does a sheriff deed override a deed of trust?
Your question is complicated and needs a lot more detail for a more concise answer. Generally: A sheriff's deed is the result of a judgment lien. It indicates the land was actually siezed. It can create a cloud on the title to real estate even when recorded after the property has been conveyed if the conveyance was to avoid creditors. If it relates to a debt that was recorded prior to a mortgage in a state that uses deeds of trust for mortgages then it may override the deed of trust. If this refers to a conveyance deed to a trust and the trust was not drafted properly the real estate would be left exposed to creditors. If the debt predates the deed to the trust the sheriff's deed may override it. You may need to pay off the lien to remove the cloud on the title. You should have the situation reviewed by an attorney who specializes in real estate law. If the siezure was "good" the interest on the debt adds up quickly causing the pay back amount to grow. In Massachusetts the interest allowed is 12 percent.
Do you need title insurance if you have a warranty deed?
You need title insurance to protect your title, but the person who SOLD you the warranty deed should pay for the insurance and provide proof that he or she has obtained title insurance that will pay the costs they will incur if the title is defective.Otherwise, you're stuck with a worthless warranty deed and may be left trying to sue the seller who has no money to pay for anything, let alone restitution or other damages.
If you lost deed before it was file?
You need to work as quickly as possible to obtain a confirmatory deed from the grantor. Without it you have no proof that you own the property. Record title stands in the name of the former owner until you record your deed.
Can you finance a home with a deed but no title?
A deed is the legal document that transfers title to the property. If you have a deed that names you as the grantee then you have title to the premises.
Is ownership of personal property conveyed by a bill of sale or deed?
Ownership of personal property is conveyed by a deed. A bill of sale is merely a transaction written on paper. The person who has ownership is the person listed on a deed or title. In the absence of a title, such as in furniture, a bill of sale is proof of ownership. It just depends on the type of property, and whether the property is required by law to have a title.
If the deed was transferred into your name does the title automatically transfer?
Yes. The deed is the instrument by which title to real property is transferred to a new owner. The deed and the title are not separate.
What deed does not convey after-acquired title?
Generally, a quitclaim deed does not convey after-acquired title. It conveys only the interest owned by the grantor at the time of the deed. In Massachusetts a warranty deed conveys after-acquired title.
Is title to a house the same as a deed to it?
Not exactly. The person with title to a property is the person who legally owns it. A deed and a title are not the same thing. A deed is a legal document that transfers the title from one person to another.
If you lost a registered deed to the property will that cause a problem?
Generally, a lost deed will not cause a problem as long as the deed was filed in the land records office. A deed is executed to transfer ownership of property to the grantee. Recording the deed in the land records provides permanent proof of the transfer of ownership. In a subsequent sale of the property the original deed does not have to be produced since the title will be checked in the land records. The recorded copy of the deed will suffice as proof of ownership. Once a deed has been recorded you can obtain a copy for a nominal fee. The only time a lost deed can cause a problem is when it was not recorded. See link.How_long_is_an_unrecorded_deed_valid
