My sister has accumulated a lot of debt, my Mom refiled a new deed but only put her and my name on it. Since then I found out we have to have a new one filed with my sister signing off. My mom didn't think this was necessary because the property has not transfered. SO, how do I do this to make sure it is legal and we don't have to file again.
Family Law Attorney
If you are transferring title to real property, all owners of record need to have notarized signatures on the transferring deed. You should consult with a real estate attorney to make sure this is done correctly.
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I suspect the you should have the title searched to determine where record title is presently vested. Then you shod see an attorney to see what is necessary to accomplish your present goals with the least expense and tax effect.
This is not quite as easy as you have treated it, and title is now potentially at issue.
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Real Estate Attorney
Chances are your sister will need to deed her portion back to you and your mother. You should have the title searched to see that she doesn't have any outstanding liens that might have attached. You should have a local attorney advise you.
I agree with my colleagues. You should have an attorney review the deeds that have been signed, as well as the title records to determine what has been recorded. Without doing that, there is no way to tell what you have.
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Title issues can get very complicated.. if you do not know exactly what you are doing it can really mess up the title to the house. You really need to make sure that this is done right .. contact an attorney
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