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Can a deed be back dated to show when the home was actually sold at a foreclosure sale?

Frederick, MD |
Filed under: Foreclosure

My home was purchased back by the bank at a foreclosure sale in August 2010. I moved out but kept the yard maintenance up until the deed was out of my name. Trying to get a VA loan but told that I have to wait two years from the date of the deed transfer. The bank informed me that they couldn't transfer the property until I vacated the residence. I would find notices on the doors to notify the bank if home was occupied. Told them numerous times over the last two years that I was only there every two weeks to keep the place up. Seems like they should had went through the eviction process after the sale instead of waiting until May of this year to do it even though I no longer lived there. As of today the deed is still in my name.

Attorney Answers 3


You cannot back date a deed (legally, that is). Deeds are notarized documents, and no Notary Public is going to risk prosecution by certifying a false date of signature. In any event, the recordation of the deed is probably what the VA will want to see, and that has not happened yet. What you might try is to get a certified copy of the court order ratifying the foreclosure sale, which under Maryland law is the last step granting legal ownership to the purchaser at the foreclosure sale. Perhaps the VA would accept that in conjunction with the recorded deed (once it is filed).

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No. New deeds are not required at the point of foreclosure, which is why the Deed currently reflects your name.

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You want to back date a deed so as to fraudulently obtain a VA loan?

No. It can't be back dated. Not only would the NP be risking commission of a fraud, you risk charges for obtaining a loan under fraululent conditions.

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