Columbus, MS asked in Consumer Law, Contracts and Real Estate Law for Mississippi

Q: Would this be a break in the Title Chain?

I completed a sale contract as a buyer with my realtor to buy a home from the seller who had a broker. In the contract I request both my sister and I to be on the warranty deed. Signing the Closing Disclosures I was the only one listed as borrower, no Co-Borrower. My Sister signed a non applicant affidavit referring to her as borrower only for interest purposes. I was given the Warranty Deed and recorded as Grantee. An updated Closure Disclosure was made stating "Proposed Vesting" and My sister and I both were listed. We were called in again because the dates were wrong. We signed additional documents with the first ones: I signed a Note, both signatures on the Deed of Trust and a page stating "Borrower:" with my sister's name. Myself as Grantee on the Warranty deed and as Grantor on the Deed of trust makes sense, but my Sister appearing also as Grantor without a record showing property was conveyed to her doesn't. She isn't listed as a Grantee in any record. Is this a break in title?

1 Lawyer Answer
Anthony M. Avery
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A: The Deed of Trust has nothing to do with the Title. Somebody thinks your Sister is either a tenant in common, an occupant or a notemaker. So they required her signature also on the TD. If wrong, you should not have executed the transfer.

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