Lost Unrecorded Special Warranty Deed signed by ex-wife in 2007-Recreate?

[stargazer5010]

?What is the name of your state (only U.S. law)? TEXAS

Lost Unrecorded Special Warranty Deed signed by ex-wife in 2007

One of my flooded Houston investment houses is getting foreclosed on. I'm having to re-create the deed to have her sign again before it forecloses although we have an investor that wants to buy the damaged property but the mortgage company refuses to discount the payoff. My questions is this Can I re-create the SWD with the same effective 2007 date even though her signature will be notarized in 2016? Or do I need to have the effective in real time today's date? Any advice is appreciated as I need an answer quick. Thanks

 

[Zigner]

?What is the name of your state (only U.S. law)? TEXAS

Lost Unrecorded Special Warranty Deed signed by ex-wife in 2007

One of my flooded Houston investment houses is getting foreclosed on. I'm having to re-create the deed to have her sign again before it forecloses although we have an investor that wants to buy the damaged property but the mortgage company refuses to discount the payoff. My questions is this Can I re-create the SWD with the same effective 2007 date even though her signature will be notarized in 2016? Or do I need to have the effective in real time today's date? Any advice is appreciated as I need an answer quick. Thanks

Why does the special warranty deed need to be signed? What are you trying to accomplish?

 

[FlyingRon]

Deeds need to be signed to be valid. The question is why he feels he needs to "recreate" a 10 year old deed. The wife can just quit claim or otherwise deed the property to you now, and you could sell it. She could also deed her interest to the buyer, but that may indeed subject her to capital gains. I can't see how having it back dated helps you. It's not like you got a basis change in the transfer.

 

[Zigner]

Deeds need to be signed to be valid. The question is why he feels he needs to "recreate" a 10 year old deed. The wife can just quit claim or otherwise deed the property to you now, and you could sell it. She could also deed her interest to the buyer, but that may indeed subject her to capital gains. I can't see how having it back dated helps you. It's not like you got a basis change in the transfer.

I suspect that the OP is somehow trying to prevent a foreclosure (or, at least, delay it) by showing a deed from 10 years ago.

 

[FlyingRon]

I suspect that the OP is somehow trying to prevent a foreclosure (or, at least, delay it) by showing a deed from 10 years ago.

And this would stop it how? The owner is not a required notification or party in the foreclosure in Texas. The only notifications need go to the BORROWER(S) in addition to the other posting requirements. In practice, the lender in a judicial action will notify anybody who possibly has an ownership interest in jeopardy, but such is not strictly required.

 

[Zigner]

And this would stop it how? The owner is not a required notification or party in the foreclosure in Texas. The only notifications need go to the BORROWER(S) in addition to the other posting requirements. In practice, the lender in a judicial action will notify anybody who possibly has an ownership interest in jeopardy, but such is not strictly required.

...which is why I asked: "Why does the special warranty deed need to be signed? What are you trying to accomplish?"

 

[FlyingRon]

...which is why I asked: "Why does the special warranty deed need to be signed? What are you trying to accomplish?"

Indeed. I misread the question as to "why a deed needs to be signed" rather than "why he thinks he needs a deed at all." Anyway, I asked the same question.

 

[Zigner]

Indeed. I misread the question as to "why a need to be signed" rather than "why he thinks he needs a deed at all." Anyway, I asked the same question.

Yep - inquiring minds want to know!