Manlius, NY asked in Real Estate Law for New York

Q: Who declares a deed null and void? Is the property owner notified? What happens to the property?

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2 Lawyer Answers

A: The invalidation of a deed would be done by a court of competent jurisdiction. Relevant parties in interest should be notified of the action and an invalidated deed would mean the title reverts back to the original owner. Of course every fact pattern is different so it would depend on the details and what any court order determined.

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Steven Warren Smollens
Steven Warren Smollens
Answered
  • New York, NY
  • Licensed in New York

A: Do you mean the County Clerk refused to accept a Deed you filed after purchasing the property (or the Office of the Deeds Registrar)? If so, then the Deed may not have been prepared in the manner required by NY State Law to record a deed as a valid record of a transfer of real property.

If you paid for the property but the seller provided an irregular deed, if the seller will not cooperate with you there may be a need for a court order to compel specific performance.

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