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  1. #1
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    Apr 2019
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    Default New Owner Won’t Record Deed

    My question involves real estate located in the State of: Pennsylvania.

    What do you do if you sell real property to somebody, but they don't record the deed after the sale?

  2. #2
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    Default Re: New Owner Won’t Record Deed

    Then YOU record it.

    I'm guessing you didn't use a title company or attorney, or it would have been recorded right away.

    I'm guessing you didn't have two originals made so you could have had one to record.

    Oh, well.

    You can create another one and record it. You don't need the buyer's signature on it and you should have all the information on hand to fill in the blanks.

    You can find deed forms on the internet or you can hire a lawyer.

  3. #3
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    Default Re: New Owner Won’t Record Deed

    Quote Quoting adjusterjack
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    Then YOU record it.

    I'm guessing you didn't use a title company or attorney, or it would have been recorded right away.

    I'm guessing you didn't have two originals made so you could have had one to record.

    Oh, well.

    You can create another one and record it. You don't need the buyer's signature on it and you should have all the information on hand to fill in the blanks.

    You can find deed forms on the internet or you can hire a lawyer.
    no, the op cannot create another deed and record it. Given the real deed will have notarized signatures stating the date the grantor signed the document and the recently created fake deed will have more recent signatures on it, it will be easy to prove the bogus deed is not a valid deed. Given the original deed granted all rights in the property to the buyer, any subsequently created deed would transfer absolutely no rights as the grantor no longer has any interest to transfer.


    You also do not have two originals of any deed. There is one original. Anything else is a copy. The original is the document the grantor signs and delivers to the buyer.


    Also, title companies and attorneys record deeds of transfers they lord over if they are hired to do so. It’s optional.

    The question op needs to answer is; what problem has the failure to record the deed caused you?

  4. #4

    Default Re: New Owner Won’t Record Deed

    Quote Quoting jk
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    no, the op cannot create another deed and record it. Given the real deed will have notarized signatures stating the date the grantor signed the document and the recently created fake deed will have more recent signatures on it, it will be easy to prove the bogus deed is not a valid deed.

    Given the original deed granted all rights in the property to the buyer, any subsequently created deed would transfer absolutely no rights as the grantor no longer has any interest to transfer. . . .
    So your argument as to why such a grantor could not do as "astrojock" recommends: create and record a duplicate deed - is because once having conveyed by deed the grantor has no remaining interest to transfer by deed.

    Well now . . . setting aside the fact that one can quitclaim an interest in land whether such an interest in the grantor exists or not . . . what do you suppose would be the chances of your theory prevailing over the claim of a b. f. p.?

    That is, a person who subsequently purchased the same property from the same grantor for value and recorded their deed without actual or constructive notice of any rights in the first grantee?

    You most certainly would not maintain that a prior grantee would have superior rights over a subsequent bona fide purchaser simply because the bfp's seller had no interest left to transfer, and yet that is the obvious inference from your response.

  5. #5
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    Default Re: New Owner Won’t Record Deed

    Quote Quoting latigo
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    So your argument as to why such a grantor could not do as "astrojock" recommends: create and record a duplicate deed - is because once having conveyed by deed the grantor has no remaining interest to transfer by deed.
    . My theory is the seller cannot create a duplicate deed because it is not a duplicate but in fact a new deed. Even if identical in all aspects, It would not be dated properly, at least as far as the signature and notarization is concerned so for thst mattter as well, it is not a duplicate.

    Well now . . . setting aside the fact that one can quitclaim an interest in land whether such an interest in the grantor exists or not . .
    . Word acrobatics on your part. A person may execute and deliver a quit claim deed that transfers all interest held by the grantor but if there is no interest held, nothing is transferred. In the case at hand, the seller would have no interest to convey as they had already conveyed their interest to the first buyer.


    . what do you suppose would be the chances of your theory prevailing over the claim of a b. f. p.?

    That is, a person who subsequently purchased the same property from the same grantor for value and recorded their deed without actual or constructive notice of any rights in the first grantee?

    You most certainly would not maintain that a prior grantee would have superior rights over a subsequent bona fide purchaser simply because the bfp's seller had no interest left to transfer, and yet that is the obvious inference from your response.
    we don’t know the time frame but in that very limited situation, it would be possible for a person to effectively sell a piece of land twice. Of course they would likely be subject to prosecution for fraud or some other law of similar design as well as breach of contract, with the possible outcome of the court rescinding the second sale. I agree with the possibility in theory. The reality would be based on the specific facts of the matter.




    In the state in question, if it has been less than 90 days since the original sale I would disagree with your claim a bfpfv would have superior rights.

  6. #6
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    Default Re: New Owner Won’t Record Deed

    I know that deeds can be reissued to correct previous deeds.

    I'm wondering if the new deed could be valid if it specifies that it is replacing a lost deed.

  7. #7
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    Default Re: New Owner Won’t Record Deed

    Quote Quoting adjusterjack
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    I know that deeds can be reissued to correct previous deeds.

    I'm wondering if the new deed could be valid if it specifies that it is replacing a lost deed.
    So you would lie?


    there is also the issue of a deed not being effective until delivered to and accepted by the grantee. The grantee recording the deed proves delivery and acceptance. A grantor recording the deed puts the issue in question.

  8. #8
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    Default Re: New Owner Won’t Record Deed

    Quote Quoting jk
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    So you would lie?
    Wouldn't be a lie. The grantor has no idea where the deed is.

    But I get your point about delivery and acceptance

  9. #9
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    Default Re: New Owner Won’t Record Deed

    Quote Quoting adjusterjack
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    Wouldn't be a lie. The grantor has no idea where the deed is.

    But I get your point about delivery and acceptance
    Unless the grantee says otherwise, he has no reason to believe the grantee doesn’t have it. After all, that is who he gave it to.

    Do you consider every vehicle you’ve ever sold missing because you don’t know where it is any longer?

    Its generally not a requirement of a grantee to keep the grantor informed of where he has the deed. There is a difference between a person that has no right to know where a deed is not knowing where a deed is and it actually being lost.

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