Fraudulently Transferred Property Without Consent
Description
How to fill out Complaint Objecting To Discharge In Bankruptcy Proceedings For Concealment By Debtor And Omitting From Schedules Fraudulently Transferred Property?
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FAQ
If the trial court finds the grantor intended the deed to take effect at some point in the future, or if the trial court finds the grantor thought the deed would not be effective until some subsequent act was performed, then there was no delivery and the deed is void and ineffective.
When there is a lack of consideration, the contract never was valid or enforceable. In contrast, failure of consideration occurs where a valid contract with a valid consideration becomes unenforceable due to the consideration no longer being valuable.
Not recording a deed can cause problems for the grantee. They may be unable to obtain a mortgage, insure the property, or sell it. Even more problematic, an unrecorded deed may make it possible for the grantor to sell the property to a buyer and subsequently sell the same property to a different buyer.
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.
Specifically, if the deed is void, it does not pass title and cannot be enforced even if recorded and even if title is later acquired by a bona fide purchaser.