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Thread: warranty deed

  1. #1
    cdm
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    warranty deed

    What is the name of your state? Florida

    07/07 - A condo was purchased with cash and recorded in MY name in tax records. I was then to obtain a home equity loan and pay the investor back. This was about the time most loan programs were being eliminated due to our near market crash and to make a long story short, no loan was obtained.

    09/07 - I signed the deed back over to the investor.

    03/08 - The original owner of the condo granted a warranty deed to me. However, I was not aware and did not sign this paper..someone elses name is signed in the "grantee" space. I noticed it while searching public record.

    03/08 - A 3rd company obtained a mortgage on this property, and listed in tax records, however my name is on a warranty deed still.

    What does being on a warranty deed mean?
  2. #2
    justalayman is offline Senior Member
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    means you own or owned the property or whatever portion that was granted to you by the deed.
  3. #3
    cdm
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    Quote Originally Posted by justalayman View Post
    means you own or owned the property or whatever portion that was granted to you by the deed.
    Thanks for your reply!

    So does that mean I legally still own this property even if another party obtained a mortgage on it?
  4. #4
    justalayman is offline Senior Member
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    It means you have a lot of problems that I would suggest you retain an attorney to correct.
    The fact that another signed on the deed (did they sign your name or some other persons name?) would tend to make that deed contestable.

    There should be no mortgage on the property unless the legal owner signed for it.

    very simply put;

    a deed is mechanism used to convey the interest of the grantor to the grantee. If you are the grantee (with no others) AND the grantor had title to the property, then that would mean you own the property. The problem comes in with somebody signing in your stead (or did they sign their own name or did they sign their name as a representative of you?). If it was as themselves, then there is a problem with that deed that is going to be a mess to clear up.
  5. #5
    cdm
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    The signature on the warranty deed is the business partner of the investor. He signed his own name, however, my name is listed as the grantee.

    The mortgage was obtained by an acquisition company in the same month.

    A month PRIOR to the owner issuing ME a warranty deed, there is a "quit claim deed" on the property granted to the company that obtained the mortgage.

    But this is 1 month prior to the warranty deed with my name on it, would this void out the quit claim?
  6. #6
    justalayman is offline Senior Member
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    Is the QC deed recorded?



    Some states the first deed recorded is the controlling deed but I believe in most states, it is the date on the deed.

    as such, I would believe he released any interest with the QC deed and could not legally deed anything to you with a warranty deed.

    Since yo unow provide more info, it sounds as if the other company is the owner of the property. I have no idea as to why the warranty deed would have been recorded or qhy somebody else would have signed their name as grantee if they were not.

    btw; you can't sign a deed back over to a party. You must use another deed in which you were the grantor.

    I don't know what is going on as something is definately odd. What you are saying just doesn;t make sense.
  7. #7
    cdm
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    Quote Originally Posted by justalayman View Post
    Is the QC deed recorded?

    btw; you can't sign a deed back over to a party. You must use another deed in which you were the grantor.

    I don't know what is going on as something is definately odd. What you are saying just doesn;t make sense.
    yea, the further I get into public record the more it doesn't make sense to me either.
    I'll print everything out and consult a RE attorney this week, just to make sure everything is legit.

    There is definitely a 2nd warranty deed that lists me as the grantor and the investor as the grantee. Then a QC deed 5 months later that lists the investor as the grantor and a 3rd party as the grantee in February 07.

    In March 07 the original owner of the property (an elderly woman that gave POA) signed a Warranty Deed that lists me as the grantee but is not signed by me. And lastly, on the same day as this warranty deed... Regions bank recorded a mortgage on the place that lists the 3rd party as the owner.

    And at that point I guess I don't understand that last deed since this property changed hands twice after the original owner and why would there be a need for a warranty deed with our names on it.

    Thanks for your help... I haven't been able to get in touch with any of these people to understand this. I'm trying to be sure there won't be any strange surprises when I'm ready to buy again.
    Last edited by cdm; 04-08-2008 at 12:04 AM.

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