Posted on: 27th Feb, 2009 03:09 pm
IN 1985 ON THE SAME DATE, MY BROTHER DREW UP 2 QUITCLAIM DEEDS ON PROPERTY HE OWNED AND SHARED WITH MOM. #1 GAVE PROPERTY FROM HIM TO MOM. #2 GAVE SAME PROPERTY FROM MOM TO HIM. #2 WAS RECORDED AND #1 WAS JUST SAVED WITH MOM. RECENTLY MY BROTHER DIED. IN A SETTLEMENT WITH MY BROTHER'S ONLY CHILD, IT WAS AGREED THE DEED IS VALID AND THAT MOM'S OWNERSHIP IS SUBJECT TO ENCUMBRANCE. NOW, IF THE DEED IS VALID AND MOM DID NOT SIGN FOR THE LOAN, DID MY BROTHER HAVE RIGHT TO MORTGAGE THE PROPERTY? IF HE DID NOT, THE MORTGAGE IS NOT LEGAL AND THUS PROPERTY HAS NO ENCUMBRANCE AND MOM IS NOT LIABLE. AM I CORRECT?
Hi alsproductions,
Whichever of the two deeds were signed last, would be considered valid. If your mother signed the deed#2 giving away her share in the property to your brother, she holds no right to it. Your brother is the sole owner of the property and after his death his heirs would inherit the property. Being the owner, your brother had the right to mortgage the property and the mortgage is legal.
Whichever of the two deeds were signed last, would be considered valid. If your mother signed the deed#2 giving away her share in the property to your brother, she holds no right to it. Your brother is the sole owner of the property and after his death his heirs would inherit the property. Being the owner, your brother had the right to mortgage the property and the mortgage is legal.