Selling an Inherited Property with a Defective Deed
The Issue with a Defective Deed
When trying to sell an inherited property, it’s not uncommon to encounter unexpected issues. One such issue is a defective deed, which can cause delays and even prevent a smooth transaction. In the case of your inherited apartment, the original deed from your mother-in-law to your wife is defective and needs to be fixed before you can sell the property.
What is a Defective Deed?
A defective deed is a document that lacks essential details, such as a missing signature, incorrect notarization, or incomplete information. In your case, the original deed from the prior owner to your mother-in-law is missing a signature, making it defective.
Resolving the Issue
The easiest way to resolve a missing signature is to track down the missing signer and ask them to sign a corrective deed. However, since this happened a long time ago, the missing signer may have moved out of state or passed away. If you cannot find the missing signer, you will need to file a lawsuit to fix the problem.
Quiet Title Suit
A quiet title suit is a lawsuit filed by a person with an interest in a property who seeks to resolve a dispute over the property’s ownership or to "quiet" any challenges to their ownership rights. In your case, you would ask the court to declare your wife the rightful owner of the property despite the defect.
Gathering Evidence
To file a quiet title suit, you will need to gather evidence of your mother-in-law’s rightful ownership, including:
- Her purchasing the property
- Living at the property
- Paying the bills
You will also need to include the prior owner who did not sign, or their heirs, along with anyone else who may have an interest in the property.
The Court Decision
The court will review this evidence and officially determine the rightful owner of the property. This determination will allow you to finish the sale and obtain title insurance for the new owner.
Conclusion
Selling an inherited property with a defective deed can be a complex and time-consuming process. However, by understanding the process and gathering the necessary evidence, you can resolve the issue and move forward with the sale. If you are facing a similar situation, consider consulting a real estate lawyer to guide you through the process.
Frequently Asked Questions
Q: What is a quiet title suit?
A: A quiet title suit is a lawsuit filed by a person with an interest in a property who seeks to resolve a dispute over the property’s ownership or to "quiet" any challenges to their ownership rights.
Q: What evidence do I need to gather for a quiet title suit?
A: You will need to gather evidence of the property’s ownership, including the original owner’s transfer, mortgages or other liens, and any other documents that prove ownership.
Q: How long does a quiet title suit take?
A: The length of a quiet title suit varies depending on the complexity of the case and the court’s schedule. It can take several months to a year or more to resolve.
Q: Can I represent myself in a quiet title suit?
A: It is recommended to hire a real estate lawyer to represent you in a quiet title suit, as they can guide you through the process and help you gather the necessary evidence.
