Removed from title/deed of home without my knowledge

[BaseballMom22]

New York
My mother,father, husband and I were listed on the original title/deed to our home. My mother died October 2013, 3 weeks after her death my father removed my mother as well as my husband and I without our knowledge. He then added my brother as an owner with survivorship rights. Is this legal? what is our recourse.
The mortgage remains in all 4 of our names despite my mothers death. Your help is greatly appreciated.

 

[Ohiogal]

New York
My mother,father, husband and I were listed on the original title/deed to our home. My mother died October 2013, 3 weeks after her death my father removed my mother as well as my husband and I without our knowledge. He then added my brother as an owner with survivorship rights. Is this legal? what is our recourse.
The mortgage remains in all 4 of our names despite my mothers death. Your help is greatly appreciated.

How did he remove you and your husband? Because quite frankly he couldn't do that. Is the deed on file? All he could have done is given your brother access to HIS portion of the house. Not yours.

 

[LdiJ]

How did he remove you and your husband? Because quite frankly he couldn't do that. Is the deed on file? All he could have done is given your brother access to HIS portion of the house. Not yours.

I agree...have you seen the actual county records to verify that he has done that, because again, without you signing quit claim deeds he could not do that. Did he have you sign any documents that you did not read?

 

[BaseballMom22]

I agree...have you seen the actual county records to verify that he has done that, because again, without you signing quit claim deeds he could not do that. Did he have you sign any documents that you did not read?

I have the documentation showing my father and brother as owners of the home through the county office.. It is also a matter of public record which I verified as well. No my husband and I did not sign ANYTHING to relinquish ownership of the home.

 

[LdiJ]

I have the documentation showing my father and brother as owners of the home through the county office.. It is also a matter of public record which I verified as well. No my husband and I did not sign ANYTHING to relinquish ownership of the home.

Then its time to get an attorney...a real estate attorney.

 

[BaseballMom22]

How did he remove you and your husband? Because quite frankly he couldn't do that. Is the deed on file? All he could have done is given your brother access to HIS portion of the house. Not yours.

My question exactly!! The deed is on file- it shows my father and brother as owners of the home. Up until 3 weeks prior to my mothers death we were listed than my father removed my mom, husband and I. I have the documentation showing all 4 of us on the title/deed when we bought the home, then I have the new document showing my brother has joint tenancy and survivorship. My brother does not live in the house he owns his own home.

 

[BaseballMom22]

Then its time to get an attorney...a real estate attorney.

Thank you so much for your advice. Its quite sad that your kin would do such a thing. I now know what my family thinks of me, NOTHING!!

 

[stealth2]

Thank you so much for your advice. Its quite sad that your kin would do such a thing. I now know what my family thinks of me, NOTHING!!

It could well be that your brother manipulated your Dad (I can see my brother trying this w/our Mom). Regardless, you need to speak with a RE attorney ASAP.

 

[justalayman]

The deed does NOT show ownership of real property. It shows transfers of the grantors interest to the grantee(s). If you were "in title" before, as long as you did not sign a deed transferring your interest, you still own whatever share you owned before.


You are misunderstanding what a deed represents.

 

[LdiJ]

The deed does NOT show ownership of real property. It shows transfers of the grantors interest to the grantee(s). If you were "in title" before, as long as you did not sign a deed transferring your interest, you still own whatever share you owned before.


You are misunderstanding what a deed represents.

I am not sure that I agree in this case. We do not know what all brother did. I do think that the OP needs to consult a real estate attorney.

 

[justalayman]

I am not sure that I agree in this case. We do not know what all brother did. I do think that the OP needs to consult a real estate attorney.

Not sure what you disagree with. The first part is indisputable. A deed does not show ownership. To determine ownership one must review the chain of title and follow the transfers through the years.


A deed cannot transfer interest in a property that one does not hold.....PERIOD.


so, if the OP is correct that title was held by 4 people and the OP did not sign anything that would allow dad to act as POA for the OP or husband or anything else that would allow dad to transfer OP's interest, dad cannot transfer OP's interest.

I don't care what brother did; if OP did not relinquish their interest, they still own their interest in the property. If dad executed a deed showing 100% of the interest in the property transferring to some other party, well, the deed would be defective on its face since dad did not control 100% of the property.

dad could only deal with 100% of his interest which might have included mom's share (making for dad having control over a full 50% interest in the property) as well given she has died and not knowing the disposition of her estate.

and yes, of course, OP should see an attorney to find out exactly what did happen and what action to take to get things "straight".

 

[single317dad]

The first part is indisputable. A deed does not show ownership. To determine ownership one must review the chain of title and follow the transfers through the years.


A deed cannot transfer interest in a property that one does not hold.

Complete agreement here.

Around 10-15 years ago, buying and selling land on eBay was a big thing. I took part in that nearly up until the point that eBay shut most of the sellers down with new rules. Throughout the few years I was involved, I learned the hard way what a Special Warranty Deed was and got gypped on a few dirty titles. Especially dangerous are empty lots seized by housing developments for failure to pay HOA fees; I got nailed twice on those.

It's not much different than division of debts in a divorce decree: the new agreement between husband and wife doesn't supersede the original agreement between both parties and the lender, and the lender's interest isn't affected by the new agreement. Dad's agreement with the son does not affect the other parties' interest (other than possibly Mom's, assuming it passed to Dad upon her death.)

One word of caution: Now that the deed recorded with the county has been changed, property tax announcements may be mailed differently. If for some reason the taxes don't get paid, you may never know about it before the county sells the property.