How Do I Void an Assignment of Deed that Was Filed in Error?

Full question:

How can you void or release an Assignment of Deed, if the Assignment was mistakenly filed prior to the Deed of Trust being filed?

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: Texas

Answer:

Generally, the person(s) named on the title or deed which is recorded in the land recorder's office is the legal owner. However, it is possible that the person named on the title may bring a quiet title action to have the deed transferred into a buyer's name. A quiet title or trespass to try title action is the method of determining title to lands. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered. The court may order records to be corrected to reflect true ownership of property. You might also try calling the recorder's office for administrative procedures that may be available.

The following is a TX trespass to try title statute:

RULE 783. REQUISITES OF PETITION

The petition shall state:

(a) The real names of the plaintiff and defendant and their
residences, if known.

(b) A description of the premises by metes and bounds, or
with sufficient certainty to identify the same, so that from
such description possession thereof may be delivered, and
state the county or counties in which the same are situated.

(c) The interest which the plaintiff claims in the premises,
whether it be a fee simple or other estate; and, if he
claims an undivided interest, the petition shall state the
same and the amount thereof.

(d) That the plaintiff was in possession of the premises or
entitled to such possession.

(e) That the defendant afterward unlawfully entered upon and
dispossessed him of such premises, stating the date, and
withholds from him the possession thereof.

(f) If rents and profits or damages are claimed, such facts
as show the plaintiff to be entitled thereto and the amount
thereof.

(g) It shall conclude with a prayer for the relief sought.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A deed may be considered void if it lacks essential elements, such as the grantor's signature, proper legal description of the property, or if it was executed under duress or fraud. Additionally, if the grantor did not have the legal capacity to transfer the property, the deed could also be void. In some cases, a deed may be void if it violates state laws or public policy.