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Deed

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eddie001999

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

Is a deed valid in the State of Georgia with out the grantor's signature? Situation: My brother's (Grantee) quit claim deed filed in 1989 from my Father (Grantor; now deceased) for a portion of my Father's land has my brother's signature on it, but does not have my Father's signature on it.
I am the Administrator of my Father's estate (no will) legally appointed in accordance with Georgia State law.
 


justalayman

Senior Member
does it have anybody's signature on it?

whoops;

a single tenant in a shared tenant situation can transfer their interest to another party but from what you say, your father is the grantor. Is he the only grantor?


and where did your brother sign the thing?
 
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eddie001999

Junior Member
deed

does it have anybody's signature on it?

whoops;

a single tenant in a shared tenant situation can transfer their interest to another party but from what you say, your father is the grantor. Is he the only grantor?


and where did your brother sign the thing?
The father is the only grantor
The brother signed the deed on the "Grantee" line at the bottom of the deed
The "Grantor" line is blank
 

justalayman

Senior Member
then he has a worthless deed.



I'm curious as to how it was filed though. I thought I saw where it had to be properly attested (signed) for it to be recorded by the state.
 

eddie001999

Junior Member
then he has a worthless deed.



I'm curious as to how it was filed though. I thought I saw where it had to be properly attested (signed) for it to be recorded by the state.
THAT'S THE CATCH 22. The deed was witnessed, notorized AND signed/filed by the Clerk of Superior Court (records keeper) WITHOUT the Grantor's signature.
With all this said, I just wanted to confirm Georgia deed law that says a deed is not valid without the Grantor's signature.
 

Zigner

Senior Member, Non-Attorney
THAT'S THE CATCH 22. The deed was witnessed, notorized AND signed/filed by the Clerk of Superior Court (records keeper) WITHOUT the Grantor's signature.
With all this said, I just wanted to confirm Georgia deed law that says a deed is not valid without the Grantor's signature.
If only the Grantee's signature was notarized then nothing changes. The Grantor never signed.
 

justalayman

Senior Member
THAT'S THE CATCH 22. The deed was witnessed, notorized AND signed/filed by the Clerk of Superior Court (records keeper) WITHOUT the Grantor's signature.
With all this said, I just wanted to confirm Georgia deed law that says a deed is not valid without the Grantor's signature.
I wonder if the person accepting the deed erred due to a cursory glance and thought the grantee's signature was in fact the grantor's signature. Most/all deeds I am familiar with do not have a provision for the grantee's signature.
 

eddie001999

Junior Member
I wonder if the person accepting the deed erred due to a cursory glance and thought the grantee's signature was in fact the grantor's signature. Most/all deeds I am familiar with do not have a provision for the grantee's signature.
A cursory glance that escaped FOUR people!?! (two of whom were officials in the courthouse) and both my father and brother have distinctive signatures?? I have to question this line of reasoning.
 

justalayman

Senior Member
A cursory glance that escaped FOUR people!?! (two of whom were officials in the courthouse) and both my father and brother have distinctive signatures?? I have to question this line of reasoning.

yep, ignorance seems to run in packs.

but unless they all know your brother's and father's signature, the fact they are distinctive is meaningless.



but it really doesn't matter and if you have such an issue with a simple comment, well, good luck in your endeavors.
 

eddie001999

Junior Member
yep, ignorance seems to run in packs.

but unless they all know your brother's and father's signature, the fact they are distinctive is meaningless.



but it really doesn't matter and if you have such an issue with a simple comment, well, good luck in your endeavors.
Thanks for your input.....no disrespect intended...end of line....
 

latigo

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

Is a deed valid in the State of Georgia with out the grantor's signature? . . . . . . . . I am the Administrator of my Father's estate . . . . . . .
Is a check "valid" absent the signature of the payor or that of a person expressly authorized to sign on behalf of the payor?

You question suggest that someone other than you should be administering your father's estate.
 

LdiJ

Senior Member
Is a check "valid" absent the signature of the payor or that of a person expressly authorized to sign on behalf of the payor?

You question suggest that someone other than you should be administering your father's estate.
Had the deed not been recorded your theory holds water. However the deed WAS recorded and that certainly muddies the water. I think that the OP has a valid question. Using your analogy a bank would have had to cash the check without a signature in order for the situations to be similar. However, I do think that he is going to need the assistance of an attorney to resolve the matter. I don't see how brother could ever sell the property that he thinks is his under these conditions, because no title company would insure it.
 

justalayman

Senior Member
Had the deed not been recorded your theory holds water. However the deed WAS recorded and that certainly muddies the water. I think that the OP has a valid question. Using your analogy a bank would have had to cash the check without a signature in order for the situations to be similar. However, I do think that he is going to need the assistance of an attorney to resolve the matter. I don't see how brother could ever sell the property that he thinks is his under these conditions, because no title company would insure it.
.
Hey, guess what. banks have cleared checks without signatures. Care to know what happens when it is challenged? It is reversed unless the account holder acknowledges they simply forgot to sign the check.
 

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