Need Help Asap!! Complicated Grant Deed Question

What is the name of your state? CALIFORNIA


The current situation regarding this property is:

that about 1yr ago there was a grant deed that was supposedly executed without my name on the deed...however not recorded on the property.

I have since contacted my family memeber and asked "why I was not included." He was not aware and he has subsequently had an attorney draw up a new grant deed, executed it, and recorded. This grant deed now has my name on the document. Now the property sits in a Trust.

My question is... Can the deed that was supposedly executed 1yr ago post any potential problems from irate family members in the future if I sell, refinance, or keep?

Trevor

bigtmckin said:

What is the name of your state? CALIFORNIA


The current situation regarding this property is:

that about 1yr ago there was a grant deed that was supposedly executed without my name on the deed...however not recorded on the property.

I have since contacted my family memeber and asked "why I was not included." He was not aware and he has subsequently had an attorney draw up a new grant deed, executed it, and recorded. This grant deed now has my name on the document. Now the property sits in a Trust.

My question is... Can the deed that was supposedly executed 1yr ago post any potential problems from irate family members in the future if I sell, refinance, or keep?

Trevor

Click to expand...

Q: Can the deed that was supposedly executed 1yr ago post any potential problems from irate family members in the future if I sell, refinance, or keep?

A: Yes, if that deed was signed, sealed, and delivered. In other words, the first bunch of people who got it by the first deed (grantees) own the property IF there was a valid deed that was signed, sealed, and delivered.

Forgive me for my ingnorance...

What do you mean by signed, sealed and delivered?

Signed by the all parties?
Sealed by Notary Public?
Deliverd to County Recorder?

There is no evidence on title. So does this mean it has not been delivered?

Thanks for your help

bigtmckin said:

What is the name of your state? CALIFORNIA


The current situation regarding this property is:

that about 1yr ago there was a grant deed that was supposedly executed without my name on the deed...however not recorded on the property.

I have since contacted my family memeber and asked "why I was not included." He was not aware and he has subsequently had an attorney draw up a new grant deed, executed it, and recorded. This grant deed now has my name on the document. Now the property sits in a Trust.

My question is... Can the deed that was supposedly executed 1yr ago post any potential problems from irate family members in the future if I sell, refinance, or keep?

Trevor

Click to expand...

Your post is confusing. Who originally (1 year ago) owned the property? Who owns the property now? Who was the grant deed made out to? Why was your name not on it? Why should your name have been on it?

Your post is confusing. Who originally (1 year ago) owned the property? Who owns the property now? Who was the grant deed made out to? Why was your name not on it? Why should your name have been on it?

Who originally (1 year ago) owned the property?
Originally my Dad.

Who owns the property now?
I do with my Dad. Filed with the County Recorder (This is the root of my question) There is a potential Grant Deed floating around that has possibly been executed 1yr ago but not recorded.

Who was the grant deed made out to?
The 1st Grant Deed was made out to my siblingswho tricked my Dad into giving them the property. This Deed was not recorded and MAY be with one of the family members.

Why was your name not on it?
My Dad was unaware of the magnitude of the paperwork he signed. The other family members at that time tried to deem me abandoned and tricked me into giving them my SS#, to take me off the will etc. (This is a very complicated endeavor).

My Dad now is aware of the inner workings of my siblings and has had a change in his wishes. He is ill and we are not sure how long he has to live.

I am not and my Dad is not 100% sure that there was a Grant Deed that was executed. He does not recall the paperwork over the years and is not versed in Real Estate. Based on a recent title search nothing has been recorded.

Currently, the property is in a Trust with both me and my Dad, he left the remaining siblings a percentage.

Based on the information provided above could there be any potential issues that I may need to know about? Does the Grant Deed that may potentially be present hold any weight?

Please give me your insight and any recommendations if applicable.


Thanks for your time

Currently, the property is in a Trust with both me and my Dad, he left the remaining siblings a percentage.

FYI As I understand it, if the siblings have a percentage, they can force a sale.
[I think it is called a partition]-just so you will not have any 'surprises' later.

bigtmckin said:

Forgive me for my ingnorance...

What do you mean by signed, sealed and delivered?

Signed by the all parties?
Sealed by Notary Public?
Deliverd to County Recorder?

There is no evidence on title. So does this mean it has not been delivered?

Thanks for your help

Click to expand...

If your dad signed a grant deed (and he was the only owner) and it was notarized and then the deed was delivered to one of the grantees, then the real estate no longer belongs to your dad and any transfer into a trust is not valid.

So, in other words you are saying that even though they did NOT record the Grant Deed that is dated before mine, with the county recorder, means my grant deed means absolutely nothing?

I have my Grant Deed recorded witht the county recorder

bigtmckin said:

So, in other words you are saying that even though they did NOT record the Grant Deed that is dated before mine, with the county recorder, means my grant deed means absolutely nothing?

I have my Grant Deed recorded witht the county recorder

Click to expand...

Not exactly nothing, but you are not in a good position. California is a "race notice" jurisdiction, which means that the first person to record without notice of any prior grant deed wins. So, what does this mean for you? Well, you clearly won the "race" to record the deed -- but the problem is, you had "notice" of the other grant deed -- you knew of the "wild deed" floating out there. And even if you didn't, your dad certainly did. So, in a race notice jurisdiction, if the other parties were to record their deed, they would win, because they would be the first persons to record their deed without notice of a prior transfer.

I realize this may be a bit complicated, but the fact is, with that other deed floating out there, they could record it, and that would potentially cut off your ownership. You should probably talk to a local attorney, who can review all of the facts and advise you accordingly.

I want to thank everyone who has posted...

I will keep you posted on the ultimate outcome.