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Updated over 4 years ago on . Most recent reply

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Marina Shimanski
  • Alexandria, VA
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Missing recorded deed -1950s. What now?

Marina Shimanski
  • Alexandria, VA
Posted

We put an offer on a home but can't get title insurance on it because of a missing recorded deed from the 1950s.

The current owner father purchased it in 1950s but it was not recorded. He passed away and property was probated to his son. A quiet title was done to get sons name on deed, but issue still stands that his fathers name is not on the deed.

How do you properly resolve this? The corporation that the father purchased it from also is dissolved now as well.

Is it another quiet title?

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Peter Walther
  • Specialist
  • Winter Springs, FL
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Peter Walther
  • Specialist
  • Winter Springs, FL
Replied
Originally posted by @Matt Devincenzo:

The quiet title was the process to resolve this. That action (should have) resulted in the property being transferred to the son free of any past claims on title due to this issue. Are you sure that this is even an issue any longer? I'd ask the title company why the quiet title didn't resolve this...that's the answer you need. Maybe they need to complete another quiet title...? 

A quiet title action is only binding on parties who are named and served in the suit.  If the dissolved corp wasn't named any potential interest it might have wouldn't have been extinguished.

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