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Our contract says: that if Sellers, immediately preceding this contract hold title to real estate as joint tenants with full right to surviviorship and the joint tenancy is not later destroyed by operation of law or acts of sellers, then the proceeds of this sale, and any continuing or recaptured rights of sellers in the real estate shall belong to sellers as joint tenants with full right of survivorship and not as tenants in common; buyers in the event of the death of either seller agree to pay any balance of the price due sellers under this contract to the surviving seller and to accept deed from surviving seller consistant with paragraph 10. Paragraph 10 says: Deed. Upon payment of purchase price, sellers shall convey the real estate to buyers or their assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided herein. Any general warranties of title shall extend only to the date of this contract, with special warranties as to acts of sellers continuing up to time of delivery of deed. (nothing is listed in the "interests of others" area of the contract- it's been left blank on our contract- so nothing else "herein" is provided as to this statement in paragraph 10 of contract this provision would be referring to, or anywhere else for that matter).
The abstract's previous entry before our contract says that it's a quit claim deed to vest title in grantee (our seller- wife only, not husband) to correct previous entry___, dated___ (dates and entry#'s in legal description are noted here)... in which title was mistakedly placed in the husband and wife and daughter as tenants in common. (the previous entry referenced is where the person who conveyed unto them a warranty deed, and lists the sellers, both husband and wife, and their daughter, as tenants in common) by some other woman they'd been conveyed the property from- as the seller. And, this is the exact deed information and referenced --that's entered into record in our litigation we spent a year in court over, one of the things he filed as "undisputed facts of the case" prepared {ie} the "Discovery Record" for my atty, as evidence supporting their claims in our forfeiture notice - (so he could effectuate this as having no break in the chain to allow them to file the forfeiture legally, where there actually was one -when he didn't assign the property correctly with affidavits- and our knowledge, consent or any other document making this a legal assignment (hence, enforceable forfeiture, too) The record title immediately before our contract is where the warranty deed conveyed to them along with the daughter -as a tenants in common- it's the same record and deed filed that's entered before the quit claim vesting in the wife only to correct the title... so where did the joint tenancy fee simple status of this title he now had claimed in our case- exsisting or formed- as such? It's a tenants in common- conveyance, so I don't understand how this would have changed anywhere- especially since the quit claim says it's entered to correct it to vest title in the grantee- which is just the wife- can his name and her name be on this contract with us be all thats needed to own this in fee simple absolute for the heirs and trust to get their interests assigned to the trust for the wives estate, even though they filed this info & documentation after our contract? He essentially left out this important detail of the assignment. Can anyone clarify this for me if this is how a joint tenancy would be created somehow, if it is correct?
The abstract's previous entry before our contract says that it's a quit claim deed to vest title in grantee (our seller- wife only, not husband) to correct previous entry___, dated___ (dates and entry#'s in legal description are noted here)... in which title was mistakedly placed in the husband and wife and daughter as tenants in common. (the previous entry referenced is where the person who conveyed unto them a warranty deed, and lists the sellers, both husband and wife, and their daughter, as tenants in common) by some other woman they'd been conveyed the property from- as the seller. And, this is the exact deed information and referenced --that's entered into record in our litigation we spent a year in court over, one of the things he filed as "undisputed facts of the case" prepared {ie} the "Discovery Record" for my atty, as evidence supporting their claims in our forfeiture notice - (so he could effectuate this as having no break in the chain to allow them to file the forfeiture legally, where there actually was one -when he didn't assign the property correctly with affidavits- and our knowledge, consent or any other document making this a legal assignment (hence, enforceable forfeiture, too) The record title immediately before our contract is where the warranty deed conveyed to them along with the daughter -as a tenants in common- it's the same record and deed filed that's entered before the quit claim vesting in the wife only to correct the title... so where did the joint tenancy fee simple status of this title he now had claimed in our case- exsisting or formed- as such? It's a tenants in common- conveyance, so I don't understand how this would have changed anywhere- especially since the quit claim says it's entered to correct it to vest title in the grantee- which is just the wife- can his name and her name be on this contract with us be all thats needed to own this in fee simple absolute for the heirs and trust to get their interests assigned to the trust for the wives estate, even though they filed this info & documentation after our contract? He essentially left out this important detail of the assignment. Can anyone clarify this for me if this is how a joint tenancy would be created somehow, if it is correct?
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