Can an attorney have a person sign Warranty Deed but NOT date it at the time of the signing?
Liverpool, NY |
I understand a Warranty Deed does not need to be filed with the County Clerk in order to be valid. However, what if an attorney has a person sign a Warranty Deed, conveying property to another, but not only does he not file it w/the County Clerk, but the document is not dated. This is a messy family situation and it is my guess that the attorney, who already used an invalid deed to convey the property in the first place has had the same person convey the property back, but did not date the document so if anyone in the family challenges the conveyance back, he can add the date to supercede any other. Therefore, is a Warranty Deed that is indeed signed by the conveyor of the property, but not dated nor filed, a valid document AND can the conveyor now rescind her conveyance based on this?
(1) Per his client's instructions, attorney tries to convey his client's property to the client's grand-daughter. (2) Attorney finds out that his client no longer owns the property since a POA was used to legally remove his client's name from the Deed days before. (3) Finding this out, the attorney uses an invalid deed from years before and successfully conveys the property to his client's granddaughter by instructing the title compnay to NOT run a search, but to 'just file it!' (4) Granddaughter is about to file bankruptcy and wants her name off the property not knowing and not told by the attorney that the bankruptcy court can go back a full year. (5) Attorney has her sign a Warranty Deed to convey the property back to his client. (6) Document is not dated nor filed, just signed by the granddaughter. At no time did the granddaughter know she was apart of a fraudulant action orchestrated by the attorney on behalf of his client.