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A deed executed in blank, without designation of a grantee, is also void. ... In contrast, if the title is voidable, the granter can choose to rescind the deed against the grantee, but title may be enforced by a bona fide purchaser. For example, a deed is voidable if it was obtained by fraud in the inducement.
A deed can be voided if it is not clear on its face who the parties are; that there was an intent to transfer a real property interest; and there is no clear description of the property to be conveyed. The elements necessary for a valid deed may vary by jurisdiction.
A deed executed in blank, without designation of a grantee, is also void. ... In contrast, if the title is voidable, the granter can choose to rescind the deed against the grantee, but title may be enforced by a bona fide purchaser. For example, a deed is voidable if it was obtained by fraud in the inducement.
A warranty deed can be revoked. In most situations, the person signing the deed needs the cooperation of the person who received the deed to revoke it. ... If the deed was prepared for a property transfer as part of a typical sale, though, you probably will have to take legal action to revoke the deed.
The law treats a forged deed as if the deed never existed. ... Unlike fraudulent documents that are not forged which are voidable at the option of a defrauded party, and therefore valid if the defrauded parties do not choose that option forged deed is void from the start, and cannot ever be revived, the Court ruled.
Validity of a Deed does not need to be filed or recorded with a government agency to be valid. The option to record a deed is a service offered by a local government, so the public has notice of the current ownership of property.
If Fraud is committed by either the granter or grantee, a deed can be declared invalid. For example, a deed that is a forgery is completely ineffective.
Elements of a Valid and Enforceable Deed Signed by the granter. Granter's signature should be notarized. There must be a granter and grantee. The granter must be legally competent to enter into legal contracts.
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Original Granter(s) signature(s) obtained. Deed is re-executed. Re-acknowledgment before a notary.
A living grantee always is required in order to transfer legal title to real property. Property cannot be conveyed to a grantee who does not exist. Thus, a deed to a grantee who is dead at the time of delivery is void. ... For example, a deed recorded by the granter is presumed to have been delivered.
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