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.
the grantor
A deed is legal when it has been properly executed by the grantor unless there is fraud or they don't own the property. A legal quit claim deed is one that is properly drafted for its jurisdiction, properly executed by the grantor and the grantor owns, or believes they own, an interest in the property. A title examination performed by a professional can confirm if the grantor is the owner of the property.
The grantor is the person who transfers their interest in the property by deed. The grantee is the person who receives that interest: the new owner.
Usury is the lending of money and the charging of an illegal rate of interest. You need to pursue your claim in civil court and present the court with a copy of the unrecorded deed of trust. The court will render a decision on the validity of the loan.
In a Quit Claim Deed, typically only the party transferring interest (the grantor) is listed as such, while the party receiving the interest (the grantee) is identified separately. Therefore, if one party is the grantee, only the other party would be listed as the grantor. In a standard Quit Claim Deed, you would not have both parties listed as grantors.
A quit claim deed conveys to the grantee any interest the grantor has in the property at the time of the transfer. It does not indicate the grantor has any interest in the property. The interest is conveyed subject to any liens and encumbrances.If a buyer wants to confirm the interest the grantor owns they must arrange to have a comprehensive title examination performed by a professional. The title examination will disclose the status of the title, any outstanding encumbrances and what interest will be transferred by the quitclaim deed.Deeds should be drafted by an attorney. Errors made by non-professionals can be costly to correct if they can be corrected.See the related link for the law regarding quit claim deeds.A quit claim deed conveys to the grantee any interest the grantor has in the property at the time of the transfer. It does not indicate the grantor has any interest in the property. The interest is conveyed subject to any liens and encumbrances.If a buyer wants to confirm the interest the grantor owns they must arrange to have a comprehensive title examination performed by a professional. The title examination will disclose the status of the title, any outstanding encumbrances and what interest will be transferred by the quitclaim deed.Deeds should be drafted by an attorney. Errors made by non-professionals can be costly to correct if they can be corrected.See the related link for the law regarding quit claim deeds.A quit claim deed conveys to the grantee any interest the grantor has in the property at the time of the transfer. It does not indicate the grantor has any interest in the property. The interest is conveyed subject to any liens and encumbrances.If a buyer wants to confirm the interest the grantor owns they must arrange to have a comprehensive title examination performed by a professional. The title examination will disclose the status of the title, any outstanding encumbrances and what interest will be transferred by the quitclaim deed.Deeds should be drafted by an attorney. Errors made by non-professionals can be costly to correct if they can be corrected.See the related link for the law regarding quit claim deeds.A quit claim deed conveys to the grantee any interest the grantor has in the property at the time of the transfer. It does not indicate the grantor has any interest in the property. The interest is conveyed subject to any liens and encumbrances.If a buyer wants to confirm the interest the grantor owns they must arrange to have a comprehensive title examination performed by a professional. The title examination will disclose the status of the title, any outstanding encumbrances and what interest will be transferred by the quitclaim deed.Deeds should be drafted by an attorney. Errors made by non-professionals can be costly to correct if they can be corrected.See the related link for the law regarding quit claim deeds.
If the owner didn't sign the quitclaim deed then the deed is invalid.
A quitclaim deed is a legal instrument by which the owner of a piece of real property called the grantor, transfers any interest to a recipient, called the grantee.The owner/grantor terminates (quits) any right and claim to the property, thereby allowing claim to transfer to the recipient/grantee.
Can I claim my fathers ashes
if you have a deed in your possession can you claim it if the person is deceased Not necessarily. There may be other terms and conditions. Just possession of a deed doesn't mean sole ownership.
Sort of. A creditor can sue the deceased's estate for repayment.
The correct term is "quit claim" deed. A quitclaim deed transfers the grantor's interest in the property whatever that interest may be. There is no guarantee that the grantor owns 100% interest in the property nor does it list encumbrances. It is contrasted with a warranty deed which generally warrantees the grantor is the owner, that she/he has the right to sell the property and there are no encumbrances except those listed. Quitclaim deeds are the most common way to transfer property in some areas and are less common in others. They are used for many different conveyancing purposes such as easements, releasing a life estate, adding another owner to the title, inter-family transfers, deeds from a straw, etc. The grantor's interest can always be determined and confirmed by a title examination by a professional.