Q: What rights do grantees have regarding a Warranty Deed in Oklahoma on undivided land?
If there are 3 grantees listed on a Warranty Deed in Oklahoma and one of the grantees obtains a loan against the property, would they need the permission/signatures of the other 2 grantees before doing anything with the property (undivided property)? And if the signatures were falsified, what legal action can be taken as an heir to one of the grantees? (Loan was obtained in 2020 - 2 years after the death of one of the grantees, and a signature wasn’t provided by the 3rd grantee).
A: If all 3 owners did not sign the loan, then it is very difficult for the lender to take the .property back in a foreclosure. If signatures were forged then the non borrowing owners can sue the lender and the other owner for fraud and to set aside the mortgage of record. The notaries can be sued also, with claims made on their bonds. You need a competent AZ attorney, and you might call those here on Justia.
A: Sorry, I meant an Oklahoma attorney...
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