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 ?

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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.

2 users found this answer helpful

Elaine Shay
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Elaine Shay
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.

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