You are here:--Deeds recorded out of order
Deeds recorded out of order2018-09-13T16:57:46+00:00

LandInvestors.com Forums **Ask A Question** Deeds recorded out of order

Viewing 10 posts - 1 through 10 (of 10 total)
  • Author
    Posts
  • Charley Schelhouse
    Participant
    Post count: 10

    Anybody know how to unrecord a deed. The county lost 1 deed but not the other so now I technically sold a property that I didn’t buy according to the documentation. I never understood the advantage of simplifile until now. The county said consult my attorney, so here I am lol. I’ve heard Luke Smith say that these kinds of problems are easy to fix, is just shuffling papers, but I don’t know which papers to shuffle…

    Michael Aillon
    Participant
    Post count: 236

    The goal is to track/maintain the chain of title. If you conveyed something that you didn’t own, then you conveyed nothing because you had nothing. I think if you could record the first conveyance of title (properly extending the actual chain of title for the property), then record the second conveyance again, you would effectively (and properly ) extend the chain some more.

    You could also file a corrective deed as well.

    Ask around.

    Darald Berger (@AggieLand)
    Participant
    Post count: 156

    @cvs388 this might be a case where you need to phone a friend, like rocketlawyer or similar service if you don’t get a qualified answer from the online community. Look on the bright side, your selling them so fast that this can happen and be a problem. 🙂

    Luke Smith
    Moderator
    Post count: 1234

    Get the missing one recorded. I bet the signature dates are in order. Then point out to the assessor that they are out of order and they are right if you look at them like this and explain it. They will book them the right way. Get your buyers name on there in the end.

    Charley Schelhouse
    Participant
    Post count: 10

    The signature dates were in order, but the clerk’s office claims they never received the package with the deed there I bought it, even though UPS says otherwise. Also the deed where I sold it is already recorded, the deed where I bought it is nowhere to be found. I’ll likely have to get the seller to sign a new deed. Do you think I still just record the missing deed and not worry about the order?

    Milan
    Participant
    Post count: 453

    Do you have a copy of it Charlie?

    If not, call the same notary, explain her situation and ask her to use same date. She should do it for you. Get it signed.

    If nothing works, you’re fine as long as you have some kind of receipt or evidence that you paid the previous owner and your buyer is keeping the property. If your buyer is reselling it, that is problem.

    Just call the previous owner, same notary explain the situation, they should understand and sign again.

    Luke Smith
    Moderator
    Post count: 1234

    Add an old sales date to the deed and a modern signature date.

    Luke Smith
    Moderator
    Post count: 1234

    As a notary in CA it’s not cool to back date stuff. The signatures have to be in order in my book. The dates have to line up. I need a thumb print there too by it all. Just use today’s date. Add an effective date of the old deed.

    Charley Schelhouse
    Participant
    Post count: 10

    Thanks for the help guys. I’m getting the original seller to get a new deed notarized and sent to me. I’ll just put the effective date on it like Luke suggested, try it recorded and I should be good.

    Charley Schelhouse
    Participant
    Post count: 10

    So I called the original seller to explain the situation. I emailed him a new deed for him to get notarized and sent back to me. He was fine with this, but now I haven’t been able to get ahold of him. Any ideas? He has his money, but I don’t have the property so technically he hasn’t held up his end of the purchase agreement. What’s my best chance of getting somebody to sign if they’re already avoiding me?

Viewing 10 posts - 1 through 10 (of 10 total)

You must be logged in to reply to this topic.