knowdeeds
Jan 2, 2008, 07:08 PM
My mother owned property by fee simple from my deceased father. She made a Warranty Deed to my brother (for an amount of a mortgage my father had on property).
The Warranty Deed states on the top "Warranty Deed (without survivorship)" on the first page. On the second page is states on the top "Warranty Deed (with survivorship)". There is no other "language" in the Deed, like joint tenancy, or JTWROS, or anything like that.
My mother simultaneously, with the making of the Warranty Deed, proceeds to go on another mortgage loan with my brother, so he can pay her the money to pay off my father's previous mortgage. There is no language on the Mortgage about joint tenancy - only their names and "both unmarried".
Deed was not recorded until about 6 weeks after mother dies (the day after I had a Title search done - which revealed mother and father names as only Deed on record and they were both deceased at time of search). Before mortgage is paid mother dies. No will has ever been to probate - she died intestate (according to Alabama law).
No witnesses were recorded on the Warranty Deed to my brother - only the signature of attorney as a Notary (Seal) and my mother's signature (Seal) preceded by "In Witness whereof, I have set my hand and seal.....etc. My brother did not sign Deed either.
If mortgage was not paid before my mother's death - and she had no will - would this Warranty Deed be any good - especially since it had "no rights of survivorship" on it on the front page, and the mortgage did not have any language like that either, and the only Deed on record at her death was one in her and my father's name? Thank you for help!
The Warranty Deed states on the top "Warranty Deed (without survivorship)" on the first page. On the second page is states on the top "Warranty Deed (with survivorship)". There is no other "language" in the Deed, like joint tenancy, or JTWROS, or anything like that.
My mother simultaneously, with the making of the Warranty Deed, proceeds to go on another mortgage loan with my brother, so he can pay her the money to pay off my father's previous mortgage. There is no language on the Mortgage about joint tenancy - only their names and "both unmarried".
Deed was not recorded until about 6 weeks after mother dies (the day after I had a Title search done - which revealed mother and father names as only Deed on record and they were both deceased at time of search). Before mortgage is paid mother dies. No will has ever been to probate - she died intestate (according to Alabama law).
No witnesses were recorded on the Warranty Deed to my brother - only the signature of attorney as a Notary (Seal) and my mother's signature (Seal) preceded by "In Witness whereof, I have set my hand and seal.....etc. My brother did not sign Deed either.
If mortgage was not paid before my mother's death - and she had no will - would this Warranty Deed be any good - especially since it had "no rights of survivorship" on it on the front page, and the mortgage did not have any language like that either, and the only Deed on record at her death was one in her and my father's name? Thank you for help!