I have an old deed that was never recorded. Does the transfer of title take place when the deed is executed or is the effective date the date on which the deed is recorded? Does anyone know for sure?
Howdy Rgarcia43:
The deed is valid the date it is signed as long as all the other aspects of the deed are in order. The signature has to be acknowledged for one thing. It does not have to be recorded to be valid but the first deed recorded has ownership and pretty hard to get ownership even if your deed is signed before the recorded deed. I am sure there is a lot of case law to help in matters like this. Best to get an attorney to sort it all out if there is trouble. You may want to order a title search to see the ownership status and discover other title issues.
LOL
Ted,
By stating that the signature on the deed must be acknowledged, do you mean witnessed? Please explain.
Thanks,
Bob
Howdy Bob:
Just a notary. Back in the old days it was witnessed by two folks but that was then. If the deed is that old you may have problems.
LOL
To be effective the deeds needs to be acknowledged (notorized) and DELIVERED (delivered to the buyer).