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sheruth13 · Joined: 22 Feb 2010 Posts: 2 1.66 Dollars($)

My partner's uncle deeded his house to my partner's father via a warranty deed. However, while he had witnesses he did not have it notarized or filed. Now both are deceased, the uncle and his father. Recently my partner learned that the taxes on the property are critically behind and the City of Dallas might try to sell the property. Is there anything he can do to take ownership of the property and sell it to take care of the taxes?

Thanks!

gmakerley · Posted: Mon Feb 22, 2010 10:50 am Post subject:

well you sure can't have something notarized that had previously been signed by those who have died. presumably, then, the property is still owned by the now-deceased uncle or, more appropriately, his estate.

your partner is going to be a non-owner forever, unless he/she can demonstrate the desire on the uncle's part to transfer to the father before their deaths. that's going to be a difficult case to crack, i'd have to assume.

sheruth13 · Joined: 22 Feb 2010 Posts: 2 1.66 Dollars($)

Actually it appears there is another alternative. I did some more research and found a document that is published quarterly by Texas A&M University's Real Estate Center called "Letter of the Law". This particular print is from December 1998, and among other information it said:

A deed signed and acknowledged by the grantor in the presence of two or more credible, subscribing witnesses qualifies for recording, even though it is not notarized. However, one of the witnesses must later appear before a notary to acknowledge and swear that the witness:
• saw the grantor sign or personally acknowledge the signature and
• signed at the grantor’s request.
The notary must then certify the acknowledgment by signing or affixing an official seal. This certification is necessary to validate the acknowledgment so that the deed or other document can be accepted for recording.

Thank you for your response.

gmakerley · Posted: Wed Feb 24, 2010 11:24 am Post subject:

hopefully, you'll find a notary who's familiar with that reasoning (or law, if that's what it is).

Guest

brian is in jail and he and i were living there but back taxes his granfather ha ddrwan up a deed but it expired in 1998

smithsussane · Posted: Mon Apr 04, 2011 10:49 pm Post subject:

Hi brian and kerry bonneau!

Welcome to forums!

If the deed has not been recorded at the county recorder's office, then it won't be considered as valid. You should contact the county recorder's office and check out if the deed has been recorded at their office.

Feel free to ask if you've further queries.

Sussane

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