Posted by John Merchant on October 08, 2009 at 15:59:24:
Every state has by now adopted law to the effect that emails and faxes are admissible same as written and signed docs.
So if you have a string of emails sent, acknowledged, answered then it might be that he acknowledged receipt of your deed and thereby acknowledged delivery of the deed.
Since I learned of this Uniform Law some years back I’ve made a spot of money here and there by doing my communicating on agreed deals by email, with copies to myself and thereby built my file of signed “written” docs.
Funny how often the other guy just has a hard time remembering what he agreed to pay or share with us, etc. but once confronted with the email evidence that’s seemed to settle things considerably.
Posted by Keith (OH) on October 05, 2009 at 14:59:35:
I had a quit claim deed notarized and delivered to an investor for a nuisance property that I was getting rid of.
He apparently did some work to it, rented it and left town. He does still have tenants occupying the property so I am assuming he is still in contact with them. I only found out about the existing tenants when the neighbor contacted me and told me about their pit bulls running free in the neighborhood. I checked the records and found the deed had never been recorded, so my name is still on the deed. Now I am concerned about being on the hook for the actions of the current tenant. Is this a valid concern ? If so, how do I clear myself from this responsibility knowing that there is an unrecorded deed somewhere ?
Posted by John Merchant on October 08, 2009 at 14:01:16:
So did your neighbor want and legally accept the deed from you?
I’d get this in hands of your lawyer asap so he can advise you what your state law is on deed delivery and what, if anything, you can do now to consummate the deed delivery to the neighbor.
Did the neighbor want the deed, and did he knowingly accept it?
You got any written proof of that?
Sans written proof of the guy’s actually wanting it, I’d guess your state law is “no delivery” and no responsibility on grantee’s part for that property.
This is why it’s important for escrow to get deeds to recorder immediately and one of the reasons it’s done.
Creates lots of havoc and legal uncertainty when a deed or some other doc that’s impt to both sides goes unrecorded.
Posted by Keith (OH) on October 08, 2009 at 14:52:42:
Thanks for taking the time John,
The investor certainly wanted the property as I have a string of E-mails shaping the deal. I’m in Ohio so it appears it would be a question of delivery. That I feel would be hard to prove.
My feeling is to shake this thing up by posting the current tenant a 3-day notice stating I am the rightful owner of the property and have not authorized their occupancy. That would at least get the owners attention to get in touch with me.