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Title and deed

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NellieBly

Member
What is the name of your state (only U.S. law)? FL

I have posted about this subject, but need a really quick answer

What's the difference between a title and a deed?

I have the deed to the house in my possession, but it says nothing about joint tenancy or things of that nature.

Need help ASAP.
 


NC Aggie

Member
What is the name of your state (only U.S. law)? FL

I have posted about this subject, but need a really quick answer

What's the difference between a title and a deed?

I have the deed to the house in my possession, but it says nothing about joint tenancy or things of that nature.

Need help ASAP.
Depends on who you ask....but generally speaking a deed is a written description conveying real estate from the grantor to grantee. A title is often referred to as both a written document (sometimes used interchangeable with deed) or simply a right to ownership. You can hold title to a property without a written deed and a deed doesn't necessarily gurantee you the right to title (ownership). When it comes to real estate, you often hear the term "title" used when it involves a financial institution who may have a lien on a property to secure payment of a debt. Once the debt is paid in full, then the bank hands over title to the property owner.
 

NellieBly

Member
How can I find out if the title has joint or common tenancy? My mother and stepfather divorced and never divided the property. My former stepsister sued and my mother's lawyer settled the case without her informed consent. He just kept telling her she "had" to sign this or that document. My mother, by the way is 79 years old and in poor health.

At one point she was told she had to sign, or he would quit being her lawyer.

The property is being sold for a horribly low price to a pal of the aforementioned lawyer. He stated it was in abysmal shape, but I was in it the other day and it is very dirty and the power lines were damaged, but it's in okay shape.

I was in FL last week and got a copy of the deed, but I don't own a house and don't know the difference between a deed and title. I think I made a huge mistake.

I know the lawyer would know about joint or common tenancy but he's hard to find these days. My son looked him up and found many, many ethics complaints against him.
 

justalayman

Senior Member
title is an intangible item. It is a record of the ownership of any given piece of real estate. It is not like a car's certificate of title where your names is listed as owner. When one speaks of holding title to a property, to determine that, one would have to research the title history and review the deeds and any other actions concerning title to the property. Through that, one could determine who holds the title or, in another form, who owns the property.

a deed is the mechanism used to transfer one's interest in the real estate to another. It is the piece of paper a grantor uses to transfer their interest to the grantee(s).

If there is nothing concerning how title was held between the two parties, it defaults to a tenancy in common. Even if it was held as tenants by the entirety while married, upon divorce, it converts to a tenancy in common.

For there to he a joint tenancy with rights of survivorship, it must actually state there are rights of survivorship. Without that, it would be a tenancy in common between the parties.
 
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NellieBly

Member
How can I find out if the title has joint or common tenancy? My mother and stepfather divorced and never divided the property. My former stepsister sued and my mother's lawyer settled the case without her informed consent. He just kept telling her she "had" to sign this or that document. My mother, by the way is 79 years old and in poor health.

At one point she was told she had to sign, or he would quit being her lawyer.

The property is being sold for a horribly low price to a pal of the aforementioned lawyer. He stated it was in abysmal shape, but I was in it the other day and it is very dirty and the power lines were damaged, but it's in okay shape.

I was in FL last week and got a copy of the deed, but I don't own a house and don't know the difference between a deed and title. I think I made a huge mistake.

I know the lawyer would know about joint or common tenancy but he's hard to find these days. My son looked him up and found many, many ethics complaints against him.
Thank you. That solves that mystery.

Now, I'm left wondering how my mother got stuck paying both lawyers with no offsets for taxes and maintenance.

And why her lawyer didn't tell her this before running up the meter.

And why he's selling it to his friend for such a low price. It was listed for sale before anything was settled.
 

justalayman

Senior Member
who it is being sold to is less important than how much it is being sold for. Obviously anytime there is such a close relationship between the buyer and the sellers agent there is a concern the sale may not be in the best interest of the owner. The only thing you can really do to ensure the owner is getting the best price is to hire an appraiser. Of course, that costs money.


Now, I'm left wondering how my mother got stuck paying both lawyers with no offsets for taxes and maintenance.
That is something you would have to investigate.
 

John_DFW

Member
Have an inspection and appraisal done, and obtain comparable sales.

If your mother is not competent to sign on her own, somebody needs to obtain power of attorney.

If you are not satisfied with the attorney, hire another one.

If you think the attorney has acted in an unethical manner, file a complaint with the state bar association.
 

justalayman

Senior Member
Have an inspection and appraisal done, and obtain comparable sales.

If your mother is not competent to sign on her own, somebody needs to obtain power of attorney.

If you are not satisfied with the attorney, hire another one.

If you think the attorney has acted in an unethical manner, file a complaint with the state bar association.
if mom isn't competent to sign and nobody has a POA yet, it's too late. somebody would have to go to court and seek a conservatorship.
 

justalayman

Senior Member
Well, I gave the same advice back in April, when it was timely to do so.
well, I read that thread again and it does not appear it was clear whether mom was in a condition to grant a POA or not but regardless, if it wasn't done and mom is now incapacitated mentally, it is too late so your advice, at this time, concerning a POA, would be of no use.
 

justalayman

Senior Member
I agree, but there may be issues in the future that require POA.
I'm not arguing that there is a great possibility that some form of control by somebody other than mom is likely. It's just that if mom is mentally incapacitated and there is no POA already in place, a POA is not possible. Once a person is not "of sound mind" they can no longer issue a POA. The person seeking to protect the incapacitated person must seek an appointment as guardian or conservator through the courts.

So, if mom is "of sound mind" now and it would appear she is slipping, it would likely be a good idea to have her issue a durable POA before it's too late. It would be much easier and less expensive (and less onerous on the agent) to do this now rather than wait until mom is not mentally sound. If they wait until a courts appointment is required, there are a lot of rules that go along with the court appointment.
 

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