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What makes a deed invalid?
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.
What would make a deed void?
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.
Can a deed be voided?
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.
What would void a deed intended to convey property?
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.
Is a grant deed valid if not recorded?
In a few states, an unrecorded deed is invalid unless it is recorded. But in most states, an unrecorded deed is valid only between the granter and the grantee. When a deed is unrecorded, it does not give “constructive notice” to the world of its contents.
What are the elements of a valid deed?
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.
Does a deed need to be recorded to be valid?
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.
Do deeds have to be recorded to be valid?
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. ... If your deed has not been recorded, you are not recognized as the legal owner of your property.
What happens if deed is not recorded?
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.
What does it mean when a deed is recorded?
Recording is the act of putting a real estate document into the official records at the County Recorders or Recorder of Deeds Office. Usually, the types of documents that are recorded affect title to real property such as a deed, mortgage, easement, judgment, lien, foreclosure, or request for notice of default.
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