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What should I do if I can't locate the Grantor of an unrecorded deed?

What should I do if I can't locate the Grantor of an unrecorded deed?

Q: What makes a deed invalid?

A deed can be deemed invalid for several reasons, including lack of proper execution (missing signatures or notarization), failure to meet state-specific legal requirements, or if the grantor lacked capacity at the time of signing. Additionally, if the deed was signed under duress or fraud, it may also be considered invalid.

Q: What would make a deed void?

A deed is considered void if it was never valid in the first place. This can occur due to factors like the grantor not having the legal capacity to convey the property, if the deed was executed under fraud or duress, or if it violates public policy. Such deeds have no legal effect and cannot transfer property rights.

Full question:

What is the procedure for a 2002 deed that is unrecorded and I cannot locate the Grantor to get the deed re-signed. Do I need file an Action for Quiet Title?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Pennsylvania

Answer:

If you have the 2002 deed and it is in a recordable form, you can file it as is. If you only have a copy or know the deed existed, you should consider filing an action to quiet title.

Actions to quiet title in Pennsylvania are governed by Pa.R.C.P. 1061 et seq. This action can be used to:

Compel an adverse party to start an ejectment action (Pa. R.C.P. 1061(b)(1))
Determine rights, liens, titles, or interests in the property, or the validity of any related documents (Pa. R.C.P. 1061(b)(2))
Compel an adverse party to file, record, cancel, or admit the validity of any documents affecting property rights (Pa. R.C.P. 1061(b)(3))
Obtain possession of land sold at a judicial or tax sale (Pa. R.C.P. 1061(b)(4))

The action must be filed in the county where the property is located. Generally, you must be in possession of the land to file a quiet title action, as possession is a jurisdictional requirement. Make sure to include all parties with an interest in the property as defendants, as they will be affected by the court's decision.

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

How to prove a deed is invalid?

To prove a deed is invalid, you must demonstrate that it does not meet legal requirements. Common reasons include lack of proper signatures, absence of a notary, or failure to comply with state recording laws. You may also show that the grantor lacked the capacity to sign or that the deed was obtained through fraud. Gathering supporting documents and evidence will be crucial in establishing your claim.

How much does it cost to file a quiet title action?

The cost to file a quiet title action can vary based on the county and specific court fees. Generally, you can expect to pay filing fees ranging from $100 to $400. Additional costs may include service fees, attorney fees, and possible costs for title searches. It's advisable to check with your local court for the most accurate fee structure.

What are the steps for the quiet title action?

The steps for filing a quiet title action typically include: 1) Preparing the complaint and filing it in the appropriate county court; 2) Serving all parties with an interest in the property; 3) Waiting for responses from defendants; 4) Attending a court hearing, if necessary; and 5) Obtaining a court order that clarifies the title. It's recommended to consult with an attorney for guidance throughout the process.

What to do if you can't find your deed?

If you can't find your deed, start by checking with your county's recorder or clerk's office, as they may have a copy. If the deed is unrecorded, consider gathering any evidence of its existence, such as correspondence or witness statements. If necessary, you may need to file a quiet title action to establish your ownership rights legally.