How can I void a mistakenly filed Assignment of Deed?

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:

The legal owner of a property is typically the person(s) named on the recorded title or deed in the land recorder's office. If an Assignment of Deed was mistakenly filed before the Deed of Trust, the affected party may file a quiet title action. This legal process helps determine the rightful ownership of the property.

In a quiet title action, the court can issue an injunction, which is an order to compel someone to act or refrain from acting in a certain way. This remedy is used when monetary damages are insufficient to address the harm. The court may also order corrections to the public records to reflect the true ownership.

For specific procedures, consider contacting the recorder's office. In Texas, a trespass to try title action may be relevant. The petition must include details such as the names and residences of the parties involved, a description of the property, the plaintiff's claimed interest, and the unlawful actions of the defendant (see Tex. R. Civ. P. 783).

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.

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