Q: 2 Deeds Submitted into CC Office
How would I proceed regarding a property Deed that was signed over to me via power of attorney. The property was originally between a mother and son, the mother signed deed over to me and which I submitted into the CC office for recording (received verification letter for the recording from CC office), but was never recorded. County Clerk office has no documentation of the recording even though I have the verification letter. The mother has since passed away and the son signed the deed over to someone else which have submitted the deed for recording and has a recorded deed in the CC office. What motion can I submit into the court to show that my deed was the first deed submitted for recording and the deed the party now holds should be voided.
A:
Bring your deed and the verification letter to an attorney to review. You are looking to bring a quiet title action.
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
A: This is a odd situation. What does the clerk say? The answer is that there is no motion. If the current holder is a bona fide purchaser, you will have no claim against the property. However, did you have title insurance? Who claimed to record the deed? This never happens.
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