whew, sounds like the buyers are in for a roller coaster
ride....perhaps you could suggest that the buyer will
struggle a WHOLE LOT (pun intended) if they try to
mortgage the property, let alone try to develop it. we,
as clerks, can only suggest that they might want to have
their new deed reviewed by an attorney. if it is already
in your hands, the dastardly deed ( i love that phrase)
has already been done, so's there's nothing that can be
done regarding the legal correctness of the
instrument...We can only refuse to record a deed if it
references a survey map, and that map has not been given
to us to file when we record the deed. other than that,
the sellers really have any responsibilty left,
hope this helps and glad you got your email problem
signing out from the st.pete, florida, on the gulf of
mexico....coming home soon....
patty of sudbury
> A buyer brings in a deed and mortgage from the seller
- no attorney was
> involved. The deed does not have all the owners of
record, the mortgage is
> signed by the buyer but worded such that the original
owner is the grantor.
> (They used the wordage from the deed and added another
paragraph at the
> Are these defects on the title that I should let
attorneys worry about?
> Should I advise either/both of these parties that I
think they need to see
> an attorney?
> To further complicate the matter, what they bought is
a small back lot at
> the lake that zoning/septic regulations will not allow
to be developed.
> thought they could build whatever they wanted. I have
advised them of the
> It's also one of those situations where the buyer
would appear to have been
> taken advantage of by the seller, a developer and well
known business man.
> Thanks for your input!
> Gail Fallar