Posted on: 09th Dec, 2009 09:07 am
Greetings:
A few decades ago, my mother placed me on the deed of her home. She is the sole owner and the title is in her name and the mortgage is paid in full. She filed a Grant deed at that time without legal counsel. However, I recently noticed that there may be a few legal discrepancies with this deed.
1: The deed has the name of the previous owner on it. It begins as such, " Jane Doe, an unmarried woman hereby grants to ..." Where Jane Doe was the previous owner.
My mother crossed out that name with an ink pen and hand wrote her name in place of it. Then it states in type-written form that she is granting the deed to both her and me.
2: I never signed it. The only signature is hers alone.
Then she had it notarized and recorded at the county hall of records. It appears to me that when she originally bought the house, the deed from the previous owner was not adequately transferred to my mother's name. This may explain why Jane Doe's name was on it.
I doubt the validity of this deed as it stands. Would it still be considered legal and binding? We live in California.
A few decades ago, my mother placed me on the deed of her home. She is the sole owner and the title is in her name and the mortgage is paid in full. She filed a Grant deed at that time without legal counsel. However, I recently noticed that there may be a few legal discrepancies with this deed.
1: The deed has the name of the previous owner on it. It begins as such, " Jane Doe, an unmarried woman hereby grants to ..." Where Jane Doe was the previous owner.
My mother crossed out that name with an ink pen and hand wrote her name in place of it. Then it states in type-written form that she is granting the deed to both her and me.
2: I never signed it. The only signature is hers alone.
Then she had it notarized and recorded at the county hall of records. It appears to me that when she originally bought the house, the deed from the previous owner was not adequately transferred to my mother's name. This may explain why Jane Doe's name was on it.
I doubt the validity of this deed as it stands. Would it still be considered legal and binding? We live in California.
Hi Guest!
Welcome to forums!
"My mother crossed out that name with an ink pen and hand wrote her name in place of it. Then it states in type-written form that she is granting the deed to both her and me. "
This is not the right way to transfer the deed from one person to another. The original owner should have signed a quit claim deed and transferred the property to your mother.
Grantees signature is not required on the property deed in most of the states. That's the reason why your signature is not on the property deed. I would suggest you to contact a real estate attorney, show him the deed and check out if the deed stands valid.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
"My mother crossed out that name with an ink pen and hand wrote her name in place of it. Then it states in type-written form that she is granting the deed to both her and me. "
This is not the right way to transfer the deed from one person to another. The original owner should have signed a quit claim deed and transferred the property to your mother.
Grantees signature is not required on the property deed in most of the states. That's the reason why your signature is not on the property deed. I would suggest you to contact a real estate attorney, show him the deed and check out if the deed stands valid.
Feel free to ask if you've further queries.
Sussane