Does a Deed Get Reviewed by a Judge

**james.thompson** · 03-21-2012, 04:39 AM

My question involves real estate located in the State of: ohio

this may be a dumb question, but does a deed need reviewed by a judge or anyone before its active? or once its signed by both parties and the attorney preparing the documents? is it the responsibly of that attorney to verify the title search and such?

**flyingron** · 03-21-2012, 03:19 PM

Deeds are at most given cursory review by a county employee. If someone wants to challenge the validity and have it decided by a judge, they'll need to file a lawsuit.

**LandSurveyor** · 03-21-2012, 06:57 PM

this may be a dumb question, but does a deed need reviewed by a judge or anyone before its active? or once its signed by both parties and the attorney preparing the documents? is it the responsibly of that attorney to verify the title search and such?

Here in Ohio it only needs to be recognizable as some sort of a document resembling a deed, with the fee prepaid, to be recorded. I assume that you are seeing recording as "active". There is no responsibility for review by a judge or even an attorney.

The fact that a deed is recorded is not in any way a legal opinion as to it's validity. Only an attorney who is a member of the Ohio Bar can give you that opinion.

**flyingron** · 03-22-2012, 04:13 AM

LandSurveyor and I are saying the same thing. Further not only does the recorder not verify the deed, a deed can be VALID and RECORDED and still not convey anything (I can file a quit claim giving LandSurveyor all my interest in Crosley Field and it will be perfectly valid). Deeds are only the transfer of ownership from one person to another. Unlike car titles, it's not one document. The last recorded deed transfers from A to B, but you need to investigate the deed that transferred from whoever deeded it to A. This is done via a title search which can unravel all that chain. It's only particularly useful when you accompany it with an insurance policy that warrants that the information given is correct.

Once you have the deed history searched, if you still wish to challenge some ownership aspect, you'll as stated need to file a court case to get it before a judge.

You didn't give any details as to what issue you are really having.

**james.thompson** · 03-22-2012, 05:40 AM

here is more details, I don't want to post to much out there in public eyes, due to a lawsuit i will be filing. But I just purchased a foreclosed property which the previous owner sold the mineral rights after foreclosure proceedings started against her and after see filled for bankruptcy. I found in her original mortgage documents that the mineral rights belong to the lender. I'm trying to get the mineral rights back due to the royalties of an active well pulling from the property. While I was in the process of purchasing the title company told me the mineral rights transfer, but it wasn't til after I closed that I found out that the previous owner sold the mineral rights illegally. So im just trying to find out as much info as I can before I pursue this in court. and after looking at a bunch of county documents on the property and well the attorney that prepared all these documents and the mineral deed is looking pretty shady.

**flyingron** · 03-22-2012, 05:49 AM

This is involved, you'll need the lawyer.

**james.thompson** · 03-22-2012, 05:52 AM

yea, I've found that out already. having trouble finding a lawyer in Ohio, that is familiar with mineral rights. that's why I'm trying to do as much research as a can ahead of time to save in legal fees.

**LandSurveyor** · 03-23-2012, 02:46 PM

I'm trying to do as much research as a can ahead of time to save in legal fees.

Not trying to throw cold water on that idea. You will certainly learn a lot.

The problem is that the attorney will not likely accept your work at face value without verifying all of it. It's unlikely to save you money and very likely to spend time.

Good local sources of referrals for real state attorneys are mortgage bankers and surveyors.