What happens if the deed is not recorded?


What happens if the deed is not recorded?


Attorney Tom Olsen: David, you're on News 96.5, go ahead.

David: Thank you very much. I have a quitclaim deed that's been signed by an owner of a parcel. I haven't recorded it yet. What happens if that individual dies before I record it?

Attorney Tom Olsen It would be bad news for you, David. To make a valid deed, the person signing it must do two things. Number one, he must sign it and number two, he must deliver it. If you should record it after he passed away, there could be a presumption that he signed it, he stuck it in a drawer or somewhere and never delivered it to you, and after he died you opened up the drawer and found it and recorded it. David, there is no reason for you to wait. Can you give me any good reason for you to wait and not record his deed?

David: No, I just do not want to pay the taxes on it.

Attorney Tom Olsen: David, you need to get on down there and record that deed.

David: Thank you very much.

Attorney Tom Olsen: You're very welcome.