Warrantee Deed Question. - Posted by Jim

Posted by Ed Copp (OH) on February 17, 2001 at 14:54:23:

Get it now, sign it now, and record it now if you want to be the owner now. You will then own the property complete with the liabilities like back payments, occupants, and so on.

If you were to have the deed signed by the buyer now but not dated the Notary could not Notarize the deed with a blank space for the date (not legally anyway). This would be improper, and might allow a challenge to your ownership later.

Warrantee Deed Question. - Posted by Jim

Posted by Jim on February 17, 2001 at 14:27:42:

When buying from a seller who is in pre-foreclosure and they are willing to sign up the deal NOW…

Do I get the Warrantee Deed To Trustee dated for today (Before I actually find my buyer) or do I leave the date blank and fill that in when (I actually find my buyer)

Also, when should I record this deed?



Re: Warrantee Deed Question. - Posted by B.L.Renfrow

Posted by B.L.Renfrow on February 17, 2001 at 15:39:56:

As Ed said, the deed is dated the day it’s signed by the sellers in front of the notary.

You don’t necessarily have to record it right away, but if you don’t, there’s always a chance another lien or judgment could get recorded before title is transferred, or the seller, if ethically challenged, could deed it to another buyer, and he who records first, owns it.

That said, I record as soon as due diligence is completed, so I don’t get stuck with something I didn’t know about. Hopefully, you’ve already checked the title, but if not, do it right away and if there are no surprises, record your deed.

Brian (NY)