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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Grant Deed Recording Posted by Ron on April 15, 2003 at 8:05 AM In Reply to: Re: Grant Deed Recording posted by SeanW on April 14, 2003 at 6:03 PM The legal rights are given in the presence of two definable parties - a 'seller' in foreclosure, and a 'buyer' who doesn't plan on living in home. When one of those is not present, the law doesn't apply. If Pinny does indeed purchase the property with the intention of living in it, and actually does, there is nothing to worry about. If I were Pinny, I'd try to figure out how legit this new buyer is by discovering when they had their deed notarized. If the deed was notarized after Pinny recorded his/her deed, then that'd indicate that the seller and new buyer indeed got together 'after' Pinny's deal. If that were the case Pinny would be smart to tell the new buyer to step aside because he/she is illegally interfering with Pinny's contract. Pinny is going to need to get the interest deeded back to clear up title. I'd talk to the interfering buyer first and ask for some cooperation...if that doesn't work - get a good real estate attorney. : Ward is the master here, but I'll take a crack at this. : Basically, no contract can be enforced which gives away someone's legal rights. So the owner has the right to cancel within 5 days whether or not you included it in the contract. I suspect the recorded deed will be voided if you tried to enforce it. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : The legal rights are given in the presence of two definable parties - a 'seller' in foreclosure, and a 'buyer' who doesn't plan on living in home. When one of those is not present, the law doesn't apply. If Pinny does indeed purchase the property with the intention of living in it, and actually does, there is nothing to worry about. If I were Pinny, I'd try to figure out how legit this new buyer is by discovering when they had their deed notarized. If the deed was notarized after Pinny recorded his/her deed, then that'd indicate that the seller and new buyer indeed got together 'after' Pinny's deal. If that were the case Pinny would be smart to tell the new buyer to step aside because he/she is illegally interfering with Pinny's contract. Pinny is going to need to get the interest deeded back to clear up title. I'd talk to the interfering buyer first and ask for some cooperation...if that doesn't work - get a good real estate attorney. : : Ward is the master here, but I'll take a crack at this. : : Basically, no contract can be enforced which gives away someone's legal rights. So the owner has the right to cancel within 5 days whether or not you included it in the contract. I suspect the recorded deed will be voided if you tried to enforce it. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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