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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97480
Experience:  Lawyer
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My step sister legally removed her name from our home in

Customer Question

My step sister legally removed her name from our home in 2004 to qualify for the first time home buyers plan. It was removed with the bank and and our property tax bill shows her removed. but the deed still shows her name and my father who is 80 cannot find any paperwork. What can we do as we now cannot locate her to get this resolved
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This is for Ontario canada
JA: Has anything been filed or reported?
Customer: We have a pending probate, but we do not have any contact info for her to serve papers
JA: Anything else you want the lawyer to know before I connect you?
Customer: We need help, because my father needs to do some work to the home, but because she is still on the title, the banks are refusing to use the home as collateral
Submitted: 3 months ago.
Category: Canada Law
Expert:  Legal Ease replied 3 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 3 months ago.

I am sorry to hear you are in this difficult situation.

How did she remove her name?

Customer: replied 3 months ago.
my father went with her to the the lawyers office and had the papers signed taking her name off... but because it was so long ago.. we cannot find any documentation. and the bank says that they only keep records for 7 years
Expert:  Legal Ease replied 3 months ago.

The deed would not have changed.

The new system is that she would have transferred title to you or whomever was to remain on title.

You need to do a title search or have a lawyer do one.

That will then show who is actually on title.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 3 months ago.
the deed still shows her on title though... the bank officially removed her name from their records and our property tax bill does not list her... is there a way to find what was originally filed by the lawyer?
Expert:  Legal Ease replied 3 months ago.

I understand that.

But you need to see who is registered on title and not look at the old deed.

And yes, when you do the title search you will see what is registered on title and can get copies.

That is what you will need.

Customer: replied 3 months ago.
my bank did the title search this morning and found her name still there. could it be a mistake?
Expert:  Legal Ease replied 3 months ago.

Yes.

If she actually transferred title. The the transfer would be registered on title.

And that must have been the case because all you other evidence points to this.

You should contact the firm who did the transfer and ask them to find out what has happened.

Customer: replied 3 months ago.
that is where the problem is.. my father is 80 and cannot remember the lawyers name or location... and we have not been abke to locate my step sister in over a year... is there some possible way to at least find the transaction... would it have been recorded someway... maybe with the city or something?
Expert:  Legal Ease replied 3 months ago.

It would be with the land registry office.

Either open and account and do the search online, or call them tomorrow or else see a real estate lawyer who can do the search in minutes from his/her desk.

Customer: replied 3 months ago.
thankyou I will check tomorrow
Expert:  Legal Ease replied 3 months ago.

OK

Let me know what you find as I really want to know!

Expert:  Legal Ease replied 3 months ago.

Did you find out anything yet?

Expert:  Legal Ease replied 3 months ago.

I can see you read my message but didn't reply. Do you feel we are done?