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joint with right of survivorship

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jaelbe

Member
N.Y.
I would like to know if a deed was recorded as joint w/right of survinving in handwriting in the deed, it will be validated, even it was not typed. Thanks for your answer.
 


latigo

Senior Member
It isn’t a question of the form of the writing. The ultimate issue is:

Was it the grantor’s intention to convey joint ownership in the property with the right of succession in the surviving grantee?
 

jaelbe

Member
Yes, the intention was to have joint tenants wros, but the deed was ready typed as joint tenants, in the moment of the clossing, and the lawyer asked if we want to be with the right of survivorship, and we said yes, and he wrote down by hand,it was not typed, that the reason I wonder if it is valide. Thanks
 

latigo

Senior Member
You haven’t told me much, including where was the grantor at the time and what refrigerator box was serving as this “attorney’s” office.

If you’re questioning the validity of the interlineation now, why not then?

Is the grantor available to do a correction deed? Are both/all grantees alive and willing to make the needed correction?

You need another attorney. Look in a different NY alley.

Sax
 

HomeGuru

Senior Member
N.Y.
I would like to know if a deed was recorded as joint w/right of survinving in handwriting in the deed, it will be validated, even it was not typed. Thanks for your answer.
**A: did the notary acknowledge the handwriting? Was the entire deed handwritten? Was a different tenacy originally typed and then changed by handwritign to the jointtenancy?
Is this a homework question; if so for what class?
 

jaelbe

Member
My wife and I bougth a property, before we married, and the deed was typed with my name and her name, but in the moment of the closing, the lawyer asked us how we want the property to show, and we decided as joint tenant wros, and he wrote down in handwriting just only the part that says joint tenant wros, and then later was recording with all the signatures and notary stamps. But in case one of us die, it will be contested by relatives becouse it was writing by handwriting. Thanks for your answer.
 

latigo

Senior Member
**A: did the notary acknowledge the handwriting?
Guru:

You certainly seem to come up with some novel views.

Here you proffer that not only is it an official function of a notary public to read the document, but moreover, that the jurat lends some efficacy to the transaction. Neither of which is so.

Sax
 

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