QUESTION
Can you issue a deed of gift on property in Virginia without the recipients knowledge?
Asked on Jul 30th, 2015 on Real Estate - Virginia
More details to this question:
My former mother in law issued a deed of gift for ownership in a timeshare and put about 40 people on the gift deed. None of us were aware that she did this until collection letters started coming. Now the property has issued a warrant in debt to me and I have a court date. Am I liable for this since I didn't know the transaction ever occurred? I thought all parties had to agree to a gift of deed of real property since there are ongoing costs involved with property.
1 ANSWER
Wow, what a lousy gift. Normally for a deed to be valid, there must be "delivery"; in the old days, it meant literally handing over the deed. Nowadays, it's a bit fuzzier with separate parties at separate locations. I'd suggest writing and telling the HOA, or collection agency that it was deeded to you without your knowledge and that you have never accepted an interest in the property. Send it certified mail, return receipt. Also let them know that if this appears as a delinquent account on your credit, they'll be hearing from your lawyer and the Consumer Protection folks. Good luck.
Answered on Jul 31st, 2015 at 12:24 PM