What is the procedure for a 2002 deed that is unrecorded and I cannot locate the Grantor?
Full Question:
What is the procedure for a 2002 deed that is unrecorded and I cannot locate the Grantor to get the deed re-signed. Do I need file an Action for Quiet Title?
02/05/2007 |
Category: Real Property ยป Deeds |
State: Pennsylvania |
#424
Answer:
If you have the 2002 deed, and it is a recordable form, it can still be filed as is. If you only have a copy of the deed or only know that such a deed exists or existed, then an action to quiet title should be considered.
Actions to quiet title are governed by Pa.R.C.P. 1061 et. seq. This Action may be brought to
a) Compel an adverse party to commence an action of ejectment (Pa. R.C.P. 1061(b)(1)
b)Determine any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land (Pa. R.C.P. 1061(b)(2)
c) Compel an adverse party to file, record, cancel, surrender or satisfy of record, or admit the validity, invalidity or discharge of, any document, obligation or deed affecting any right, lien, title or interest in land (Pa. R.C.P. 1061(b)(3);
d) Obtain possession of land sold at judicial or tax sale (Pa. R.C.P. 1061(b)(4).
The action must be brought in the county in which the land or part of the land is located.Except when 1061(b)(4) is applicable, the claimant must be in possession of the land in order to bring a quiet title action.Possession is a jurisdictional prerequisite. It is important to be sure to include as defendants all parties who have an interest in the real estate who will in any way be affected by the determination.
