Which deed would stand?

[amchandl]

What is the name of your state? North Carolina

My husband is one of 3 sons. Son#1 was deeded a plat of land in 1995, with life estate belonging to the father. In 2000, Son#2 had his part of the land surveyed and included in his part 40 acres that had already been deeded to Son#1 in 1995. Son#2's part of the land was also in a life estate belonging to the father. I believe that Son#2 was given a deed to the newly surveyed property that included land which has previously been deeded to Son#1, and the father who had the life estate did sign Son#2's version. (His signature was also on the original 1995 deed belonging to Son#1). Now the tax office is confused as to which deed is correct and is questioning which deed should they go by for tax records. Which deed would stand in court???? Also, what is a non-warranty deed????
Thank you for any help that you can provide.

 

[seniorjudge]

Since you can't sell something you don't own, the first deed stands.

There are general warranty deeds, special warranty deeds, quit claim deeds, trustee's deeds, personal representative deeds, etc., etc.

Google each of the terms for info on them.

 

[lizjimbo]

The senior deed is correct

The trail must be marched back to the first deed. That is the most senior. The intent of the senior deed will control.

 

[nextwife]

What is the name of your state? North Carolina

My husband is one of 3 sons. Son#1 was deeded a plat of land in 1995, with life estate belonging to the father. In 2000, Son#2 had his part of the land surveyed and included in his part 40 acres that had already been deeded to Son#1 in 1995. Son#2's part of the land was also in a life estate belonging to the father. I believe that Son#2 was given a deed to the newly surveyed property that included land which has previously been deeded to Son#1, and the father who had the life estate did sign Son#2's version. (His signature was also on the original 1995 deed belonging to Son#1). Now the tax office is confused as to which deed is correct and is questioning which deed should they go by for tax records. Which deed would stand in court???? Also, what is a non-warranty deed????
Thank you for any help that you can provide.

Ummm, a survey doesn't change ownership. If I "include" my neighbor's land in a survey I do, it doesn't somehow change the title! A survey clarifies "on the ground" where land identified by legal description actually sits.

The chain of title is followed back. Ownership belongs to the last party or parties that were proprly conveyed ownership interest(s). Sometimes partial or full interests still remain despite a deed-of-record - so one can't ever simply rely upon a "last deed"

 

[amchandl]

Wrong Deed

In the aforementioned situation, Son#2 has now borrowed money against the property that is rightfully Son#1's. Son#1 has a General Warranty Deed, Son#2 received a Non-Warranty Deed when the attorney made it out for the property that included Son#1's land. What should Son#1 do? Why would the bank have given a loan based on a Non-Warranty Deed? If Son#1 gets an attorney, what exactly should he ask for to be done, since there is now money borrowed against land that is really his?

 

[seniorjudge]

You should sue the bad people.

You need to hire a lawyer.

 

[amchandl]

For what?

What should they tell the lawyer they want to sue for? To get Son#2's deed thrown out?

 

[amchandl]

Which kind?

Would they need a real estate lawyer? Or what kind would they need to hire?

 

[seniorjudge]

Go to a real estate lawyer.

Say, "Someone is trying to steal my land."

And then tell them the story.

 

[amchandl]

Thanks

Thank you for your help. One more question. Do you think this should be a "cut and dried" case, or would something like this go to court?

 

[seniorjudge]

Thank you for your help. One more question. Do you think this should be a "cut and dried" case, or would something like this go to court?

I have never seen a cut and dried case.

However, I've only been doing this since 1971, so maybe I'll see one soon.

 

[nextwife]

What should they tell the lawyer they want to sue for? To get Son#2's deed thrown out?

The mortgage was also granted improperly, if the borrower did not have good title. You need to have it removed through the courts. This is why lenders normally require a "lenders title policy", insuring the lenders loan position and collateral interest. If Son 2 merely obtained an equity line, odds are the lender did not obtain an insured title policy, and instead got a sloppy, limited value Letter report, searching only from LAST deed forward. Too bad for them!

Yep. Get a good RE attorney and lay the situation out for them. Get that improper mortgage off the land the borrower didn't own.