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vintagelocks
10-05-2007, 08:44 AM
I held a title as tennant in commons with my mother. Original was owned by My mom and Dad then they both signed a new one selling to my mom and I.

That was in 1983. In 2004 My sister got my mom to sign a new title transferring from my Mom to my Sister.

There is no mention of the other title or that this was a transfer of 1/2 interest. I paid a Lawyer to see what couold be done for my Mom. He said well my mom could not sell what was not her's. Reference my 1/2 interst.

Do I or should I have a new deed done showing myself as owner of 1/2 interest? or is the original designating me as a tennant in common good enough. My sister had tried to convince my mom to get me off completely but that did not work. I just want my documents to reflect my ownership properly for the future dealings with my new co-owner, my sister.

Thanks

complwyr
10-05-2007, 07:12 PM
In most, if not all states, the document that counts is the one filed at your County's land registry. IN NC, it is called the "register of deeds." There, whatever interest in the land the public records reflect upon a title search, is what you have. If the original deed was recorded in the registry, then your 1/2 interest is still there.

If there is another deed floating around that has not been recorded, then that could be trouble. But your Mom can only convey what she owned. She could not affect your 1/2 interest, unless you gave her a written power of attorney that allowed her to do it.

complwyr
10-05-2007, 07:13 PM
"another deed floating around" in someone's desk could be trouble if recorded in the registry, if it was a valid deed. That is what I meant.

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