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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Fictitious names are ***** *****) QUESTION: In Idaho, if Mr.

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(Fictitious names are ***** *****) QUESTION: In Idaho, if Mr. & Mrs. W. are the seller (grantors) on a WARRANTY deed for property to the buyer Ms. Lee (grantee) w/a SIGNATURE date in 1989; and another warranty deed sequentially #, for the same property but Investors Limited Partnership now the (grantor) to Ms. Lee (grantee) but NEITHER deeds recorded w/the county until May 2002 when Ms. Lee received a letter of escrow account payoff of investors. Letter states, documents are a note, deed of trust & request for full re-conveyance & send to the title co. listed as the trustee on the deed of trust for recording. also was a receipt & release agreement asking to execute & return to the loan servicing company. but in 2000 Ms. Lee did quit claim to 1 of 2 Kids. Ms. L dies in 2013 w/no will. What happens with the property? Who owns it? Is it included in the estate? And is it subject to probate?
Submitted: 1 year ago via LawDepot.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Please keep in mind - this site is "general information only" and is not a substitute for a formal legal opinion from a local attorney. This caution is especially true when you are dealing with review of title documents for real property where the type of documents at issue are going to be critical to determining their validity and enforcement.Idaho is a "race notice state" with regard to real property deeds. What this means is that a later buyer who pays fair value, does not have notice of any other earlier conflicting interests, and records first, wins and will have priority over any later recordings. - See more at: http://www.legalmatch.com/law-library/article/recording-acts.html#sthash.VVCwzV3b.dpufSo, if a new buyer knows that the property has already been sold or transferred they cannot gain ownership because they have "actual notice" of the prior transfer. But, if a deed is recorded, it is deemed to give "constructive notice" to all prospective buyers, and the individual who records first is deemed to be the owner against any future conveyances.If Ms. Lee dies intestate (or even if she died with a will, but without a trust), her estate will have to go through probate. However, if she dies without a will, her property interests (assuming the property still belongs to her, and one of the various deeds that she executed did not effectively convey her property interest to someone else), along with any other assets she owns, will pass through the Idaho "intestate succession" statute in probate (see: http://www.nolo.com/legal-encyclopedia/intestate-succession-idaho.html).
Customer: replied 1 year ago.
I think I must not have asked the question correctly. Let me try again....MR. & Mrs. are selling a home. Ms. is buying the home but mr. & Mrs. carry the contract for some time. Then Ms. finances through a lender. But it was never recorded in Ms. name at the time she had signed a quit claim deed to her oldest child in 2000. That is why in 2002 when it was paid off, the warranty deed shows from the investors to Ms. giving her the property. At that time is when Ms. was actually showing as the owner of the property. But not before 2002. So did Ms. really have any ownership in 2000 to actually do a quit claim as joint tenancy with a write in of a life estate? Or does the warranty deed that was actually filed in 2002 that has Ms. (grantee) the property and DOES NOT HAVE the oldest child named anywhere at anytime on anything except a quit claim that was done 2 yrs prior to MS. listed as the owner. So, again, does the warranty deed that was done in 2002 give MS. sole ownership at that time or would the quit claim be relevant?
Expert:  CalAttorney2 replied 1 year ago.
Unfortunately, what you have here is a big problem.(land sales contracts, or "carrying papers" often create these types of situations). The title that Ms. granted to the buyers is going to be questionable as she did not yet have proper title to the property.The papers not being recorded by Mr. and Mrs. create a "cloud on title" - it is possible to clear this up, however, it can get very complicated very quickly. If Mr. and Mrs. are not willing to cooperate in helping to clear this matter up, and/or you cannot locate them, the court procedure to deal with this is called a "Quiet Title Action" and is used to clear 'clouds on title' such as the one created here.You really are going to be best served by contacting a local attorney and getting some help now (you can try sorting this out yourself, but unfortunately without legal counsel, you are going to end up spending a lot of time and money pursuing a lot of different loose ends - you have a couple of different complex legal matters (probate and real property litigation) that need to be pursued simultaneously and it is difficult to self educate quickly enough to deal with these matters in an economic fashion).You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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