Thursday, 6 November 2014

Is it possible for me to challenge the deed ? The house I rent has changed ownership -- in terms of the deed on file -- several times over t...

Question

Is it possible for me to challenge the deed ? The house I rent has changed ownership -- in terms of the deed on file -- several times over the last three years. Initially the owner died and the will named his stepdaughter as executrix and her and four other people as joint heirs. His only biological daughter changed the deed into her name just by filing a new deed with the city. Then the executrix created a trust four years after his death, filed a new deed for the house with the name of the trust, named herself beneficiary along with an ex-con who was never previously involved and was not heir to the estate. Is there any way to challenge this deed? It seems there is some fraud going on here...

Thanks



Answer

As a non-owner, I do not believe you have a right to challenge the Deed. However, you might be able to do this indirectly by not paying the rent to the new, but seemingly illegal, new owner, placing it in escrow, and raising the issue when a possible eviction suit is brought against you. I have not seen the Will involved, so this response is based upon the facts you present.



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