Hopewell Junction, NY asked in Real Estate Law and Banking for New York

Q: Is a Referee deed valid if the grantor listed was not on the deed

My house was sold back to the bank after a foreclosure the Referee listed my exhusband as the Grantor on the deed instead of me. He was removed from the deed by quit claim when we got divorced 12 yrs ago. He was still on the mortgage but he was no longer responsible for that either since he filed Bankruptcy only I was responsible for the mortgage and only I was listed on the deed. Since the Referee only listed his name then et al is the referee deed valid ?

Related Topics:
3 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Business Law Lawyer
  • Tallahassee, FL

A: Probably not. However, the error can easily be corrected.

1 user found this answer helpful

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Business Law Lawyer
  • New York, NY
  • Licensed in New York

A: If the mortgage recorded against the property at the time your ex-husband executed a quit claim deed to you, he could only give you the interest in the property subject to terms of that mortgage.

Michael David Siegel
Michael David Siegel
Answered
  • Business Law Lawyer
  • New York, NY
  • Licensed in New York

A: Maybe, maybe not, but not your issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.