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Lawyers who were trained in commonwealth jurisdictions may have an ingrained concept that backdating a document is generally improper, if not illegal. This is reflected in the Linklaters article Execution of Documents: Five Common Questions Answere which offers the following advice for in-house lawyers:. Unfortunately, the article offers scant authority, and a search on Google reveals little else on the subject from the commonwealth world. In the US, however, there seems to be have been much more consideration of the issue at least according to my Google search results. Despite recent controversies surrounding the backdating of executive stock options , the general attitude in the US is that backdating is not wrong or right , per se.
A deed without warranties may transfer the entire interest in a certain property, or it may not. The parties assume the risk of this uncertainty. A deed without warranties is therefore considered a lower form of deed, but it nevertheless is effective in transferring title. As a form of transfer, it is certainly superior to a quitclaim, discussed next.
For one reason, a quitclaim is not a true deed at all since it is technically not a conveyance. Rogers v. Ricane EnterprisesS. Secondly, from a practical standpoint, title companies disdain quitclaims and will frequently require that a proper deed be obtained instead. One does no favor to the chain of title by inserting a quitclaim into it. If the seller is unwilling to provide a conveyance with warranties, then a knowledgeable buyer should insist on a deed without warranties instead of a quitclaim.
Posting on Social Media About Doing a Good Deed
A quitclaim contains no covenant of seisin or warranty of title. Jackson v. Assumption deeds are general or special warranty deeds of the usual type.
The difference is that assumption deeds expressly provide, as part of the consideration, that the grantee will assume liability for existing indebtedness and promise to discharge one or more existing liens against the property. The consideration clause in an assumption deed might read as follows:.
Grantee shall commence payments on the Assumed Note on or before the next regular due date under the Assumed Note. Again, separate the concept of title from the concept of debt. They are related but different, and they can be divided, at least when discussing respective obligations of grantor and grantee. One can take title to property without becoming liable to pay the underlying debt.
Of course, debts secured by liens against the property remain in place even if title is transferred. Similarly, the grantor has not been released from the existing note unless the lender has approved the assumption and expressly released the grantor in writing, which is so rare as to be nearly nonexistent.
As a practical matter, expect a release only in response to full payment. An assumption deed may be accompanied by a deed of trust to secure assumption which enables the grantor to step in and make payments if the seller discovers that the buyer has failed to do so.
This enables the seller to proactively mitigate loss and preserve good credit. If reimbursement for advancements is not made, foreclosure may follow. Yes, and they often do, in spite of the due-on-sale clause contained in paragraph 18 of the widely-used FNMA deed of trust, which gives the lender the option but not the obligation to accelerate the note in such cases.
A wraparound transaction is a form of creative seller financing that leaves the original loan and lien on the property in place when the property is sold.
The buyer makes monthly payments to the seller on the wrap note and the seller in turn makes payments to the original lender. Lots of details need to be addressed, so a wraparound agreement should accompany the warranty deed and other wrap documents.
Unlike the deed, the wraparound agreement is not recorded, so deal points that are confidential can be discussed there. The lender often bids the amount of the debt plus accrued fees and costs and acquires the property in this way. If the sale generates proceeds in excess of the debt, the trustee must distribute the excess funds to other lienholders in order of seniority and the remaining balance, if any, to the borrower. Property Code Section Even with these limitations, a foreclosure deed is probably the cleanest title obtainable, though it does not eliminate taxes owed.
This is used to equalize the overall division of property. The parties to a divorce should not rely on the final decree to transfer title to real property. A special warranty deed often accompanied by a deed of trust to secure assumption should be executed and recorded. Family lawyers not infrequently forget to do this.
In Texas joined more than 25 other states in allowing a transfer on death deed TOD which is an uncomplicated, non-probate method of transferring title to real estate when the owner dies. All in all, a good basic estate planning device. The instrument must be recorded and must otherwise comply with the usual legal formalities of a deed. A TODD cannot be revoked by a last will and testament but can be revoked by a recorded revocation.
In fact, a TODD is revocable by statute even if the instrument states otherwise.
Mar 12, † In my sister purchased a property. The solicitors that acted for her retained the Title Deeds 'for safe keeping'. Fast forward 18 years and my sister would like to take possession of the deeds and to cut a long story short, the solicitors have 'lost' them.
Yes, since in this context the term person has the meaning assigned by Government Code Section In most situations, however, it would make more sense just to convey the property into the living trust contemporaneously, without waiting for the death of the grantor. This issue is clearly addressed by Section For those attempting to do some basic estate planning, it is possible to combine joint ownership with a TODD, so that for example parents now have an inexpensive alternative method to pass real property to a child upon the death of the last parent.
A traditional deed in lieu of foreclosure is a specialized instrument designed to transfer property to a lender in satisfaction of a debt and in exchange for a full and complete release. The clauses contained in DILs can be quite technical.
Few institutional lenders today accept DILs as a means of avoiding foreclosure. The reason is that the foreclosure process itself is usually advantageous to the lender since it cleans up title by eliminating junior liens and clearly establishes a deficiency amount the difference between the price at foreclosure and the balance on the note for which the lender can then sue the borrower.
Under certain circumstances, however, it may be useful to consider a unilateral DIL i.
LaSalle Bank N. According to the court, other more substantive items adding or deleting a parcel, for instance could not be cured by a correction instrument.
This case prompted the Texas legislature to enact Property Code Sections 5. Either way, a correction instrument is a supplementary filing that relates back in time to an original deed that contained some error or mutual mistake. It corrects the mistake but leaves other terms of the conveyance intact.
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No new consideration is required. The first step is to make sure one is looking at an instrument of conveyance e.
The second step is to examine the instrument and determine if the error is non-material or material. Perhaps a distance or an angle in the legal description was misstated, or the name of a party misspelled.
A person with personal knowledge of the facts may execute this type of correction instrument without joinder of others, but a copy of the correction instrument must be sent to each party to the original instrument.
Material corrections are a more serious issue and are addressed by Section 5.
Examples are the conveyance in the original instrument of the wrong property lot 5 instead of lot 6 for example or conveyance of property to the wrong entity. A correction instrument affecting a material correction such as these must be executed by each party to the original recorded instrument.
Correction instruments are appropriate for addressing errors only.
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If the parties intend to alter fundamental terms of the original conveyance, then a new instrument-not a correction instrument-is required. The usual four-year statute of limitations for written documents commences on the date the deed is signed and delivered, or when a claimant discovers, or through the exercise of ordinary diligence, should have discovered the alleged error or defect the discovery rule.
There is, however, a rebuttable presumption that the respective parties know the contents of the deed at the time of closing, particularly if clearly stated, since it is the basic due diligence obligation of nearly everyone to read a document before signing or receiving it at a real estate closing. Trahan v.
Post dating deeds
MettlenS. Waiting to take action does not work to the benefit of the plaintiff. In Jarzombek v. Fast forward 18 years and my sister would like to take possession of the deeds and to cut a long story short, the solicitors have 'lost' them.
They told her she can download them from the Land registry. If so it hardly seems worth making a song and dance about the Solicitors 'losing' the original.
Deeds and the Earnest Money Contract. The variety of deeds along with the choice of different clauses that can affect the conveyance and alter the liability of the parties make it advisable to consult a real estate attorney, and do it early in the process. Dodd-Frank in Texas Discovery Post Judgment. Mar 06, † For those with an hour to kill thinking about the issues, Jeffrey Kwall and Stuart Duhl wrote an excellent article on backdating that was published in Business Lawyer in For a shorter piece with a few practical tips see Backdating - it's illegal isn't it? Newel Posts and Newel Postlore By: Bill Kibbel, Contributing Writer In: Old House Inspection, Old House Terminology, Old House History. 6 Comments. In case you aren't familiar with the term, a newel is a central column around which winding stairs are attached. A newel post is (the often highly decorative) post at the end of a stair that.
Not sure that the solicitors have lost them or that they are registered on line so no need to retain them. Either way if they are registered at Land Registry that is all you need. I volunteer to help get your forum questions answered and keep the forum running smoothly. Board guides are not moderators and don't read every post.
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