Table of Contents
What makes a deed invalid?
If a deed is to have any validity, it must be made voluntarily. If FRAUD is committed by either the grantor or grantee, a deed can be declared invalid. For example, a deed that is a forgery is completely ineffective. The exercise of UNDUE INFLUENCE also ordinarily serves to invalidate a deed.
What is an illegal deed?
A court may find a deed delivery illegal in any situation in which there is evidence that the seller did not have immediate intent to transfer ownership of the property. Such evidence includes that of seller hesitation or uncertainty.
What are the implications of an unrecorded deed?
Unrecorded deeds can present many issues for sellers (or grantors) and buyers (or grantees), such as proof of ownership and tax implications. A buyer could encounter great difficulty in selling, insuring, or obtaining loans for a property if financial institutions and insurance companies cannot establish clear title.
What requirements are necessary for a legally sufficient deed?
The basic requirements of a valid deed are (1) written instrument, (2) competent grantor, (3) identity of the grantee, (4) words of conveyance, (5) adequate description of the land, (6) consideration, (7) signature of grantor, (8) witnesses, and (9) delivery of the completed deed to the grantee. 8.
Can a Register of deeds refuse to record a document?
No Rejection of Documents Based on Content. Public Act No. 19 added a provision that if a document complies with its requirements and the requirements of other acts that govern the recording of instruments (e.g., the Acts noted above), then Registers of Deeds may not refuse to record the document because of its content.
Who is the legal owner of a deed of record?
The purchaser (or transferee) named on the last deed of record is recognized as the legal title owner of that parcel of property. So, what does this mean in terms of your property ownership? If your deed has not been recorded, you are not recognized as the legal owner of your property.
How can I find out if my deed has been recorded?
The recording page lists the date the deed was recorded and also the volume and page number where your deed can be found. Many counties provide access to real property records online and free of charge. If the deed to your property has not been recorded, inform your attorney or title insurance company immediately.
What happens if there is no date on a deed?
Unless the dating of a deed is explicitly stated to be an escrow condition, the absence of a date will not invalidate the deed. If it is the parties’ intention that the deed will not come into effect until it has been dated, the parties should ensure that this is stated explicitly, both in the document itself and when it is sent out for signature.