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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.
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.
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.
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.
What does delivery of a deed mean?
Delivering a deed means taking some action intended to make the deed effective presently. For example, the granter hasn't delivered a deed if he hands it to the grantee with the intent that the grantee deliver it to an escrow agent, who will keep the deed until the grantee finishes paying for the property.
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 a void title?
Void Title: If a buyer unknowingly purchases goods from a seller who is not the owner of the goods, the buyer's title to the goods is void, as was the seller's title before the sale.
Is a deed valid if it is not recorded?
THE PURPOSE OF RECORDING LAWS. 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.
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