Q: My uncle before passing away deeded some property to me. I went to the county clerks office to record the property.
The clerks office refused to record the deed since they did not have a deed on file showing indivdual mortgage company that sold it to my uncle. My uncle never recorded that deed. His house burnt so it was lost in the fire. But the county where the property is in sent him the tax due and my uncle paid them several years of past due property taxes. I called the mortgage company that took care of the payments for my uncle and they confirmed that the property was payed in full and even sent me a payment history by their data indicating payed in full but unable to provide a warranty deed due to purging their files after 10 years. How do i get a deed showing property from mortgage company to my uncle then i can record my deed from my uncle to me??? Please help
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (865) 637-3035
- View Profile
- Answered
A: It sounds like there was not a mortgage but a contract for a deed. If such, record title was never in the Uncle, and a possible breach of contract and quiet title action should be filed. If there was a mortgage, then Uncle had title to encumber. Hire a NM attorney to search the title and file a quiet title action against all interested parties. This will necessitate a very good real property litigator.
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.
