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I have a deed that was not registered. The deed is from 2014…

I have a deed...

I have a deed that was not registered. The deed is from 2014 and it is notarized. I went to register it yesterday and found out the land has been sold to someone else by the same person I received the quit claim deed from. DO I have any legal recourse?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Not sure what steps to take, The registrar made it seem like there was nothing we could do.

Lawyer's Assistant: Where is the land located?

Rutherfordton North Carolina

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really.

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Answered in 1 minute by:
3/27/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,799
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Customer reply replied 3 months ago
Thank you

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, NC has a "Race Statute" for the recording of title. That means that, as between two deeds for the same property, the one which is recorded first has the priority claim.

That does not mean you can not bring a quiet title action (there could be a defect in the deed, or other aspect of the conveyance), but based on the deeds alone, the first party to record is in the best position to claim legal ownership.

I am sorry. I wish I could tell you otherwise, but I do not want you blindsided.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 3 months ago
Can we file a lien for the 2500 dollar tax bill that we paid?

You are not entitled to file a lien without the consent of the owner or having a judgment against the other parties.

You may have a claim to assert against the original seller for fraud.

While you can pursue this pro se, it is strongly recommended you retain an attorney to represent you. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

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Customer reply replied 3 months ago
Ok thanks.

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Thank you for using JA.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,799
Experience: 30 years experience representing clients.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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