QUESTION
If my father signs something in writing for a quit claim deed will this stop my sister from recording hers?
Asked on Dec 28th, 2011 on Estate Planning - Georgia
More details to this question:
My father issued a quit claim to me on his property which I had recorded last week. But he also had given my sister one back in October which was not recorded. He has since instructed her not to record her. If she should record hers what do I need to do?
6 ANSWERS
3 Awards
Quitclaim deeds are messy. Did you father deliver the deed to your sister in October when he signed it? If so he may have validly transferred it to her then. If so, then your deed may be of no effect. Without knowing all of the facts it is hard to say. Your father may need to initiate litigation to get the property back into his name. He may have issues if he needs to go on Medicaid,etc. That being said an attorney should be consulted sooner rather than later! Your father should have probably done an estate plan.
Answered on Jan 05th, 2012 at 12:10 AM
State law sets priorities according to who is the first file.
Answered on Jan 05th, 2012 at 12:03 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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Actually a real property question, and potentially very complicated. Short answer, if you recorded first then father doesn't have anything to deed to anybody, so sister is out. However, if her deed was signed first and given to her, and she failed to record, she might be able to change this by suing you.
Answered on Jan 04th, 2012 at 1:26 PM
Generally, the first document recorded controls. You should consult a real estate attorney for your options if the second deed is recorded.
Answered on Jan 04th, 2012 at 1:12 PM
Business Entity Formation Attorney serving Poughkeepsie, NY
Partner at
Law Offices of Lorenzo L. Angelino
2 Awards
This may be troublesome since you had notice of the prior deed to your sister and could result in a litigated dispute, NY is a Race-Notice state, meaning that not only does the first person to record a deed trump all other deeds, but that person also has to have no notice of any conflicting deeds. The earlier quitclaim deed to your sister is a conflicting deed.
Answered on Jan 03rd, 2012 at 6:47 PM
Glen Edward Ashman
You may not own the property and have a huge mess. When he gave her the deed, even though she did not record it, he ceased to own the property and had nothing to deed to you. In recording yours, and I assume all of you created this mess without lawyers trying to save one or two hundred dollars, plan now on expensive (multi-thousand dollar) litigation. First of all, when she does record hers, she will probably sue you to quiet title and void your deed. And while it doesn't sound like you have any argument whatsoever, if you feel you do, you would need to sue her to quiet title. So in saving that $100 or $200 on lawyers, I'd guess you cost yourself ten thousand or more and a lot of litigation. Good luck.
Answered on Jan 03rd, 2012 at 6:42 PM