Posted on: 19th Jun, 2009 12:18 pm
Sold small property 4yrs ago, only document is notarized warranty deed which she has not and does not want to go to court to transfer on her name. She "finally" paid the taxes up to 2007, She left the property and has someone renting a small mobile which seems to have septic and electrical lines violation. I feel i would be liable for any personal injury. It has been 4 years and i have offered to take her to the courthouse to change title to her name, it is obvious she does not want to put in her name. Is there a statue of limitations and can i take my unkept, rented property back. Afraid of liability. If so, are the renters traspassing and can i ask them to leave.
Hi
A deed needs to be notarized and recorded in order to be valid. There is statute of limitation period within which the deed needs to be recorded to be considered legal. It's strange that it has been 4 years since the deed was notarized and it has still not been recorded.
"can i take my unkept, rented property back."
If she is not interested in the ownership of the property, you can surely ask her to sign over the title to you through a deed and you can take over the ownership of the property. If the title is in your name, you own the property and if there is no written agreement between you and the renters, they do not have the right to live in your property.
Thanks,
Jerry
A deed needs to be notarized and recorded in order to be valid. There is statute of limitation period within which the deed needs to be recorded to be considered legal. It's strange that it has been 4 years since the deed was notarized and it has still not been recorded.
"can i take my unkept, rented property back."
If she is not interested in the ownership of the property, you can surely ask her to sign over the title to you through a deed and you can take over the ownership of the property. If the title is in your name, you own the property and if there is no written agreement between you and the renters, they do not have the right to live in your property.
Thanks,
Jerry
Hi Rachel,
If you closed on this property at a title company or attorney's office, contact them to explain the deed was not recorded and ask them to file (that is, if you are truly interested in not being liable for the property and not just trying to "take it back").
If you closed on this property at a title company or attorney's office, contact them to explain the deed was not recorded and ask them to file (that is, if you are truly interested in not being liable for the property and not just trying to "take it back").
DOES A WARRANTY DEED IN NEW MEXICO ,HAVE A STATATUE OF LIMITATION ?