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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.
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.
How long is a deed valid if not recorded?
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.
Is a deed effective when signed or recorded?
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
What makes 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.
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 is an invalid deed?
If a deed is to have any validity, it must be made voluntarily. 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. The exercise of UNDUE INFLUENCE also ordinarily serves to invalidate a deed.
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