I have a deed in trust dispute with an ex. The deed was written up but never recorded(it not being recorded is not an issue where I live. Maryland). The dispute is involving owenership. He is contesting ownership, I say we are co-owners. The lawyer who drafted the deed did not change the deed date at the top of the first page of the deed, so it reads; this deed made this day march 3, 2004 instead of may 9, 2005; will this hurt my case/chances? The rest of the dates (signatures...etc...is correct)
2007-02-15 05:52:10 · 3 answers · asked by ? 3 in Business & Finance ➔ Renting & Real Estate
In maryland there is statute that says its is a legal contract that should be honored, regardless of recordation. You are right he can sell it and so forth since it is not recorded, which is why a partition has been filed (basically a lien) stopping him from doing so until the matter is decided, which right now could be another year. Add. info. we are not and were not married.
2007-02-15 07:09:19 · update #1
I would call another lawyer to handle this case. Every state has its own rules and you need to be sure of what yours are. (an attorney that handles Real estate law).
Good luck - I know what it is to have these problems)
Bettyk.
2007-02-15 06:22:02 · answer #1 · answered by elisayn 5 · 0⤊ 0⤋
I don't understand how not having it recorded is not an issue. If he has something recorded that says he is sole owner - he can go sell the house, close on it and leave with the money. If your deed is not recorded, how will the title company know about it?
2007-02-15 06:42:58 · answer #2 · answered by teran_realtor 7 · 0⤊ 0⤋
No, it shouldn't be an issue as long as the notary date is correct-- THAT is the date that the instrument is executed.
It IS odd that not recording the deed is irrelevant though--- would definitely be an issue in my county.
2007-02-15 06:21:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋