What is the legal date of a Deed, the date signed or the date recorded in the County Records?

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Icon Mini Profile lilcubnchick





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Post Posted: Thu Apr 30, 2009 12:16 pm    Post subject: What is the legal date of a Deed, the date signed or the dat
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What is the legal date of a Deed, the date signed or the date recorded in the County Records?...Hi, my husband and I just bought our first home, a foreclosure. There were several companies/banks involved in the transfer, but only one was the recorded owner. Our Special Warranty Deed was signed by Company A (not the registered owner) on November 1, and a Quit Claim Deed was signed by Company B (the registered owner) to Company A on November 18. The documents were recorded into Public record in the County in the correct order, but my question is... can Company A sign a property to us on November 1 that they did not own until November 18? Which date is the legal date of the document, the signed date, or the recorded date (which was actually 3 months later)? Please help! Thanks!!
Icon Mini Profile smithsussane
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Post Posted: Thu Apr 30, 2009 10:00 pm    Post subject:
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Hi lilcubnchick!

Welcome to forums!

If company A did not own the property on November 1st, they do not have the right to quitclaim the property to you. Once you record the deed, the deed gets validated. That is the legal date of the document in my opinion.

Sussane
Icon Mini Profile gmakerley
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Post Posted: Fri May 01, 2009 12:33 pm    Post subject:
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sussane's first statement makes sense. then the second statement contradicts the first.

my opinion is that the first statement is correct, and that company A did not have any rights to sell to you. i think a correction is in order. contact your lawyer to see what you may learn, and take steps to do this fix.

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Icon Mini Profile jheard
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Post Posted: Mon May 04, 2009 10:53 am    Post subject:
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The date the deed is signed is the "legal" date, ie the date of transfer of the property interest.

You can only transfer a property interest that you own, so on November 1 they did not own any property interest that could be transferred. However, no court is going to hold you do not own the property.

Title insurance may be a different question. I assume you received a title policy. Contact the title company and ask them.

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Disclaimer: This is not legal advice and I am not your lawyer. The information provided here is for educational purposes only, and is not a substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
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Post Posted: Wed Jun 08, 2011 12:20 pm    Post subject: When does title to real estate pass?
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First of all, I am no attorney, but my understanding of the point in time at which title to real estate passes differs from the moderator's. Second, I live in Texas; so my statements reflect my understanding of Texas law. For a deed to be valid, several things are required. In Texas, a deed need not be dated for it to be a valid deed. But 2 requirements (and not the only 2) of validity are delivery and acceptance. If the grantee does not accept the deed, then title does not pass. So I submit that the proper answer to the question of the point in time at which title passes is: Upon the grantee's acceptance of a delivered deed.

A grantee would be wise to reject a deed of land worth $100,000 with $300,000 of liens against it.
Icon Mini Profile gmakerley
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Post Posted: Wed Jun 08, 2011 7:44 pm    Post subject:
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Gee, the moderator is an attorney, and he resides in Texas...let me read on, now...it appears to me that the grantee accepted the warranty deed on November 1.

I concur with you, Bill, that a person ought not to buy property that is loaded with the liens above-noted, yet worth only a third of that amount due. But, hey, people don't always do things that make sense to the rest of us. And I don't mean to disparage you, either...but your argument about being in Texas and familiar with the law wouldn't seem to override our Moderator's qualifications.

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