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How do you invalidate a deed?

The exercise of UNDUE INFLUENCE also ordinarily serves to invalidate a deed. The test of whether such influence has been exerted turns upon the issue of whether the granter executed the deed voluntarily. Undue influence is wrongful and serves to confuse the judgment and to control the will of the granter.

What voids a deed?

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.

Is a forged deed void?

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.

What must a deed contain to be valid?

For a deed to be valid, it must meet the following requirements: The granter must have legal capacity, which means that the granter is of sound mind and lawful again most states, the minimum age is 18. There must be enough information in the deed to identify the grantee with reasonable certainty.

Who is responsible for recording a deed?

In the United States, the (recorder) of deeds is often an elected county office and is called the county recorder. In some U.S. states, the functions of a recorder of deeds are a responsibility of the county clerk (or the county's clerk of court), and the official may be called a clerk-recorder or recorder-clerk.

Do deeds have to be recorded to be valid?

Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded. The deed also must be accepted by the grantee.

What happens if you don't record a deed?

An owner legally transfers his property to another person on an instrument known as a deed. However, failure to record a deed may cause problems for the new owner. For example, the lack of an official deed will make it nearly impossible to sell the property again or refinance a mortgage.

When a valid deed is recorded what does this do?

Although recording statutes vary between U.S. states, they virtually all require that an interest in real property be formally recorded in the appropriate county office in order to be valid. The purchaser (or transferee) named on the last deed of record is recognized as the legal title owner of that parcel of property.

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