Posted on: 12th Nov, 2009 07:09 pm
my husbands mother did a warranty deed to him in 1997 on property he has lived at for 33 years. she has since decided that we can no longer live there. she has told us that if we do not remove our belongings and vacate the premises that she will start eviction proceedings. She had no problem with our living there when we were remodeling our home. there are two witnesses on the warranty deed and a notary signed and stamped the deed, however his mothers physical signature is not on the deed. does this void the deed or are we ok? please help we have two children and are homeless right now because we are scared to go back to our home even though we have not moved anything we werent sure if the deed is valid without her signature
Hi rdandress,
If the mother had transferred the property to your husband, then she will have to sign the warranty deed. This is because she is the grantor who is transferring the property to your husband, the grantee to it. I would suggest you to contact a real estate attorney and let him check the warranty deed. He would let you know whether or not your husband would be considered as one of the owners of the property.
Thanks
If the mother had transferred the property to your husband, then she will have to sign the warranty deed. This is because she is the grantor who is transferring the property to your husband, the grantee to it. I would suggest you to contact a real estate attorney and let him check the warranty deed. He would let you know whether or not your husband would be considered as one of the owners of the property.
Thanks