How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask J. Warren Your Own Question
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
64316804
Type Your Real Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

If a deed is transferred but not recorded reasons is the new

Customer Question

If a deed is transferred but not recorded for whatever reasons is the new owners deed invalid or without rightful ownership.?
And what about priority of ownership
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 5 months ago.

Hello! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

It is not necessarily invalid but you are not recognized as the legal owner and therefore a question is raised as to the real owner of interest in the property, that is a "cloud" is on the title. If the deed was recorded it would have prevented another loan being taken out and the use of the property to secure the loan. Unfortunately, without the recording, the parties technically do not have a legal interest the is priority to the lenders interest which was recorded.

All my best and encouragement. Thank you for allowing me to help you with your questions. I realize this was not the answer you were hoping to receive however I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Customer: replied 5 months ago.
The deed was not recorded immediately
It was later.
What happens in the interim of time delays?
Is it not bases on dates of the chronology of actual deeds and sales versus any known or unknowingly recording delayed dates?
Expert:  J. Warren replied 5 months ago.

It is the recording dates that control for purposes of the property being used to secure a loan.

Customer: replied 5 months ago.
if a title company which normally takes few months to record
Is defrauded during the time delay they have no priority or rights ?
Expert:  J. Warren replied 5 months ago.

Title company would have a claim against the party that committed the fraudulent borrowing of money against the property in which they conveyed to another party before seeking to obtain another loan.

Related Real Estate Law Questions