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Basically the correct order was not followed on my property in regards to
recording, the title at this point show's myself and a Department of
Veterans Affairs home loan as the owners of the property. The Veterans
Affair home loan is satisfied, and I have a Grant Deed that shows this from
the Department of Veterans Affairs, however this document was never
recorded.
The chain is as follows:
1) Grandmother deeds and records the property into a living trust, with my
mother listed as trustee. The property in question is under the VA home
loan.
2) Grandmother then for some reason deeds and records the property out of
the living trust back to herself as a individual.
3) Grandmother then deeds and records the property from herself as a
individual to my Mother.
4) Grandmother dies, the Veterans Affairs loan is satisfied per the original
loan contract, but due to it being the VA, the grant deed is never sent.
5) My Mother then deeds and records the property from herself to me.
6) Mother dies a few months after my Grandmother.
7) The VA then sends the grant deed almost a year later, with the grant deed
granting the property to my Mother as the "Successor Trustee" per the
original recording back in step 1.
If you look at the title of the property now, it show's myself and the VA
loan as the owners of the property.
My question is, if I record the document from the VA, won't this in turn
show the property as owned by Myself and my Mother as the Successor Trustee?
Or does the local recording office look at the dates and the chain, and then
hopefully figures out what happened and just leaves me as owner of the
property?
Or, if it does indeed show my Mother as Successor Trustee and myself as the
owner of the property if I do record that document, how do I get my Mother
back off of that? Can I rerecord the grant deed that my Mother originally
did back in step 5 again even though it's already been recorded? Is it
possible to do a new deed even though my Mother is now deceased?
Lastly, if this is something the local recorder cannot deal with, do I hire
an Attorney who specializes in Title to straighten this mess out, or is a
Title company the better choice to deal with in this type of situation?
Thanks,
Joe
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