Deed Of Trust Records With No Maturity Date In Maricopa
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FAQ
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
Arizona follows a notice recording statute, which means that, while unrecorded transfers are valid between the parties to the deed (grantor and grantee), the grantor who, in violation of A.R.S. §33-411.01, fails to record the transaction, opens the grantee up to claims from future bona fide buyers for value.
Such unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
If a deed of trust recorded in California does not contain a maturity date, then the lender has up to 60, and possibly even 64 years to foreclose non-judicially, but the longer the lender waits, the more likely it is that a borrower could successfully raise a defense of equitable estoppel or laches.
In California: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
If the deed is not recorded, the party holding the deed may not be recognized under the law as the legal property owner to third parties, though the deed may be legally effective to transfer the property from the grantor to the grantee.
The deed, when recorded, became a permanent part of the County property records. If you should lose your original deed, you may obtain a certified copy of your deed from the County Recorder in which the land is located. A county certified copy can be used in the place of the original.
Document recording fees All documents (except plats and surveys) $30.00 Plats and surveys first page $24.00 Plats and surveys additional per page $20.00 Military Discharge (per ARS 11-465) Free3 more rows
To start your deed search, first determine the county covering the land at the time the deed was made. Then contact that county recorders office. All Arizona counties have at least some land records online, check the websites below.
