Is it possible to convey a property by using a contract without recording the deed?
Question by iz R: Is it possible to convey a property by using a contract without recording the deed?
The person in question has immigration issues pending so she wants to something to show that she has an interest in the land since she has been paying the mortgage but she doesn’t want to show up on “title”. Will a contract for the home protect her if no deed is recorded under here name?
Best answer:
Answer by nexgenjenith
There is no way to secure ownership in a piece of land without a recorded document (deed of trust, quit claim dedd, contract, etc..) and all recorded documents will show up on a title commitment. If the property is conveyed without a properly recorded document, then there is no protection against fraud or loss and she would have to appear before a judge in order to get her unrecorded document recognized, which could cause additional problems with her immigration issues. What exactly is she trying to do? Sell the property, get the property in her name, share ownership with someone else? This information would be important in coming up with the correct solution. However, I will tell you if her immigration issues have to do with illegal residency, that the lending laws changed this year to crack down on illegal immigrants gaining access to mortgages. It is considered a serious fraud issue and could affect not only her, but any lender helping her obtain the mortgage in the first place.
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