Misordered Chain & Recording on Grant Deed

Misordered Chain & Recording on Grant Deed

"Joe"	9/13/2003 11:20:03 AM
Basically, the correct order was not followed on my property in regards to recording, the title at this point show's myself and a California Veterans Administration home loan as the title owner of the property. The CalVet loan is satisfied, and I have a letter plus a grant deed that show's this, but that grant deed was never recorded. The chain is as follows: 1) Grandmother deeds and records property into a living trust, with my Mother listed as a trustee. 2) Grandmother then deeds and records the property out of the living trust, back to herself as an individual. 3) Grandmother then deeds and records the property from herself as an individual to my Mother. 4) Grandmother dies, the CalVet loan is satisfied per the original loan contract, but due to delays at CalVet, the grand deed is not sent. 5) My Mother then deeds and records the property from herself to me. 6) My Mother then passes a way a few months after my Grandmother. 7) CalVet then sends the grant deed almost a year later, with the grant deed granting the property to my Mother as "Successor Trustee", which I assume they determined by the Living Trust back in step 1. If they had sent this letter before step 5, and I had recorded that, then I obviously wouldn't be in this position. If you look at the title of the property now, it show's myself and the CalVet loan as the owners of the property in question. My question is, if I record the document from CalVet now, will this 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 then hopefully figures out the chain of events and leaves me as owner of the property? Or if they do show myself and my Mother listed, how do I fix that? Do I re-record the grant deed my Mother did from herself to me, even though it's already been filed? Or can you generate a new grant deed again even though my Mother has passed away? Lastly, if this is something I shouldn't deal with myself, do I hire an attorney to straighten this out, or is a local title company the better agency to deal with in this type of situation?



TOTE@dog-play.com	9/15/2003 6:07:04 AM
On Sat, 13 Sep 2003 11:20:03 -0700 Joe <joe@joeboyce.com> whittled these words: Basically, the correct order was not followed on my property in regards to recording, the title at this point show's myself and a California Veterans Administration home loan as the title owner of the property. The CalVet loan is satisfied, and I have a letter plus a grant deed that show's this, but that grant deed was never recorded. <snip> You have a "Grant deed" - using those exact terms - from CalVet? That doesn't compute. In order for CalVet to issue a "grant deed" someone would have had to deed the property, or some share of it to them. That is not the ordinary procedure in a loan situation. Generally there is a "Trust deed" or "Deed of Trust" which is NOT the same at all the same a "Grant deed". My question is, if I record the document from CalVet now, will this 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 then hopefully figures out the chain of events and leaves me as owner of the property? The local recording office simply records the documents. They will not try to fix any problems. Or if they do show myself and my Mother listed, how do I fix that? Do I re-record the grant deed my Mother did from herself to me, even though it's already been filed? Or can you generate a new grant deed again even though my Mother has passed away? IF, and this is a big IF, the title is indeed scambled due to documents being recorded out of order then re-recording in the proper order can fix things. But, guessing here, I don't think that is the situation. Lastly, if this is something I shouldn't deal with myself, do I hire an attorney to straighten this out, or is a local title company the better agency to deal with in this type of situation? You need to start with someone who will sit down with you, look at the documents themselves, and the recording stamps, to see if you even have a problem. Start with a title company. If it is simply a recording issue they can help with what you need to to fix it. If there is a problem in the actual granting of title then you will need to do a quiet title action. Should be straightforward, but don't try it yourself. To do it right you need to understand the nature of deeds, and recording. Diane Blackman

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