[knowdeeds]

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!

[Fr_Chuck]

Yes, the warranty deed can still be held in standing.

You can challenge it in probate court due to survivorship, and may well then the family would be able to inherit your moms 1/2 for the property,
With the brother owning the other 1/2 plus of course his share of his moms property to inherit.

In general the fact that it is not recorded does not make it invalid, until some other action is done by one or more parties.

The buyer ( your brother) does not sign a deed going to him, the seller signs the deed to them.

The witness is the notory, and most do not require any other witness.

Now with that, the money from the second mortgage, should be there to go into the estate to pay off the debt ( first mortgage ) which would be there for the estate to also pay.

This one is not clear cut and will have to be fought out in court.

[florita1216]

My brother and his wife are getting divorced. She had already moved out of their home several years ago and has recently signed and recorded a Warranty Deed conveying her interest in their home to him. He is unable to refinance the property on his own, right now, so she understands that her name will remain on the mortgage. By recording this deed, does he now have sole ownership of the house (aside from the mortgage company that is) even though her name is still on the mortgage?