Legal Question in Real Estate Law in New York

if a family member put your name on a deed without your agreement and acceptance can you get them to remove it?


Asked on 2/28/13, 12:23 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

yes

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Answered on 2/28/13, 12:28 pm
Kevin Connolly Kevin J. Connolly

Rather expensive. Suit for an injunction. Takes a long time.

The law says that to become the owner of real estate, two things need to happen: the old owner signs a DEED granting some interest in the property to you; and you have to accept the deed.

Acceptance is presumed from recording. You can overcome this presumption by acting promptly. I would execute and record a declaration, in substance stating that while you appear on the record to be an owner, you did not accept the deed; you did not know of the deed until X date; you are reacting to your knowledge of the deed by making this declaration; and that you reject, refuse, renounce and repudiate any right, title or interest in the property.

Much less expensive. Cost under $250. Including filing fees.

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Answered on 2/28/13, 12:40 pm


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