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My Grandmother filed a quit claim deed on her house over to…

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My Grandmother filed a quit...
My Grandmother filed a quit claim deed on her house over to my Mother approximately 15-20 years ago, my Grandmother died 11 years ago. Originally, my Grandfathers name was on the house with my Grandmothers name also. However, when the quit claim deed got filed by the court clerk, my Grandfathers name was dropped and the last file shows my Mother and my Grandmothers name only on the house. (My Grandfather has recently died) If you go back far enough in the records at the clerks office, it shows where his name "was" on record with my Grandmothers, but the last record, as I said, only shows my Mother and my Grandmother. So who exactly would own the house now? It should also be known that my Grandfather, in his will, wrote my Mother out and said she is to get nothing, but doesn't the court go by what is last on record? Whomever s mistake (or not) it was, the legal records do not show him on the quit claim deed.
Submitted: 9 years ago.Category: Estate Law
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1/4/2009
Estate Lawyer: Ellen, Attorney replied 9 years ago
Ellen
Ellen, Attorney
Category: Estate Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,


Thank you for your question. I am happy to assist you.


You will need to review the actual deeds on file to determine with certainty who owns the house. If the house was in both grandmother and grandfather's name, typically both would have had to sign the deed to transfer title to mother. The actual deeds are controlling. The clerk at the property recorders office can assist you in retrieving the deeds.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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Customer reply replied 9 years ago
I have looked at what is on file, I just explained it to you and you have not answered my question.
Estate Lawyer: Ellen, Attorney replied 9 years ago
Hello,


I should have been more clear. You need to look at the copies of the actual deeds on file and not the records.


If you have done this already, please let me know.
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Customer reply replied 9 years ago
On file in the clerks office is the quit claim deed showing my Grandmother signing over the house to my Mother. If you go back several several years, it shows where both my Grandmother and my Grandfather were on record. As I said earlier, NOW, it only shows my Mother and my Grandmother per the quit claim deed. This was a mistake by the clerk it seems and looking at O.S. 16 ss16-27a (see below), I am wondering if this "error" does not make my Mother the full and legal owner of the house.

§16-27a. Instruments recorded for five (5) years valid notwithstanding defects - Evidence.

A. When any instrument shall have been recorded in the office of the county clerk in the proper county for the period of five (5) years, and the instrument contains any of the following defects:

1. It has not been signed by the proper representative of a legal entity;

2. The representative is not authorized to execute the instrument on behalf of the legal entity;

3. A power of attorney has not been filed of record for an attorney in fact executing the instrument;

4. The seal of the legal entity has not been impressed on such instrument or the record does not show such seal;

5. The instrument is not acknowledged;

6. A deed or conveyance does not bear endorsement of approval by the appropriate governmental planning authority having jurisdiction; or

7. Any defect in the execution, acknowledgment, recording or certificate of recording the same,

such instrument shall, from and after the expiration of five (5) years from the filing thereof for record, be valid as though such instrument had, in the first instance, been in all respects duly executed, acknowledged, approved by the appropriate planning authority having jurisdiction, and certified. Such instrument or the record thereof or a duly-authenticated copy thereof shall be competent evidence without requiring the original to be produced or accounted for to the same extent that written instruments, duly executed and acknowledged, or the record thereof, are competent. However, nothing herein contained shall be construed to affect any rights acquired by grantees, assignees or encumbrancers subsequent to the filing of such instrument for record and prior to the expiration of five (5) years from the filing of such instrument for record.

B. This section shall apply to instruments recorded before or after November 1, 1995. However, with respect to those recorded before such date, the five-year period specified above shall not expire until one (1) year after the effective date of this act.

Estate Lawyer: Ellen, Attorney replied 9 years ago
Hello,

It can still be challenged. The reason is that grandfather never signed the deed. This is different from incorrectly signing the deed. When your mother goes to sell or mortgage the property, the title company would typically notice the issue.
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Customer reply replied 9 years ago
Exactly, he never signed it, therefor an "error" and five years had expired.
Estate Lawyer: Ellen, Attorney replied 9 years ago
Hello,

That is certainly an argument that you can try. However, that is not one of the defects enumerated in the statute.
Ellen
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