Posted on: 13th Mar, 2009 09:00 pm
my uncle did a deed of trust in 1991 to give up his portion of the land with his brother who holds the original deeds, the same uncle had a warranty deed executed in 2005 to get money for his portion of the land that was deeded back in 1991, how does he sell his portion if he does not have the original deeds?
Hi closdc,
Since your uncle signed a deed to give up his portion of the land to his brother, he is no longer the legal owner of the property. It's his brother who legally own the proeprty. In this scenario, It's not possible for your uncle to sign another warranty deed to give up the portion of the property that has already been transferred to his brother. However, was the deed signed in 1991 properly notarized and recorded? If yes, then it's still valid and his brother now owns the property.
Since your uncle signed a deed to give up his portion of the land to his brother, he is no longer the legal owner of the property. It's his brother who legally own the proeprty. In this scenario, It's not possible for your uncle to sign another warranty deed to give up the portion of the property that has already been transferred to his brother. However, was the deed signed in 1991 properly notarized and recorded? If yes, then it's still valid and his brother now owns the property.