Charley SchelhouseParticipantSeptember 13, 2018 at 4:57 pmPost count: 11
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 AillonParticipantSeptember 13, 2018 at 5:33 pmPost count: 265
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)ParticipantSeptember 13, 2018 at 8:35 pmPost count: 162Luke SmithModeratorSeptember 14, 2018 at 12:25 pmPost count: 1251
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 SchelhouseParticipantSeptember 14, 2018 at 1:53 pmPost count: 11
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?MilanParticipantSeptember 15, 2018 at 4:40 pmPost count: 475
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 SmithModeratorSeptember 16, 2018 at 7:56 pmPost count: 1251
Add an old sales date to the deed and a modern signature date.Luke SmithModeratorSeptember 16, 2018 at 7:58 pmPost count: 1251
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 SchelhouseParticipantSeptember 16, 2018 at 8:32 pmPost count: 11
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 SchelhouseParticipantSeptember 24, 2018 at 5:28 amPost count: 11
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?
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