Legal Question in Real Estate Law in North Carolina
Legalality of warranty deed
If a warranty deed is excuted and the owner was not the ''entire owner or owners of the property'' is there a statue of limitations involved to prove otherwise.
In my case, the heirs as listed in a notice of the property,being sold and signed and notarized by each, was not signed by the spouse of the deceased father of the living children, and, during the time we were all signing and notarizing the document, the step-mother, obtained a warranty deed and received a payment of a substantial sum of money for the property. She was not the ''whole heir'' to this property and we obtained information from the records of deeds in
North Carolina. Now we find this out 2 years later and need to know if there is any legal steps we can do at this time to refile this claim. During the 2 year time frame we were all under the impression the property was being prepared to sell and now we find out we have no claim at all as she obtained the warranty deed stating she was the owner and sold to a 3rd party the entire 33+ acres and dwelling.
Thank you for any information on this question.
Thank you.
1 Answer from Attorneys
Re: Legalality of warranty deed
Presumably you acquired title insurance when you went to settlement on this property, and if so you should immediately contact the title insurance company with the problem. It was the responsibility of the seller and the title attorney or title company that conducted the closing to take the necessary steps to assure that the persons signing the deed of conveyance had clear title and full capacity to pass title to you. This is why you obtain title insurance.
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