Who is the real owner?

[moochinkassarole]

Here's the story....
Mom and Dad sign papers giving the property to two brothers. Brother #2 said "No thanks". Brother #1 has all of the paperwork and a deed with his parents signature saying they gave the brothers the property. Brother #2 didn't sign any papers that he remembers. If he did, it would have been one stating that he relinquishes his half to brother #1. Brother #1 didn't pay dues or anything and lost all of the nights. Now both brothers have a collector breathing down their backs wanting money to pay the delinquent dues, etc. Brother #2 had NO IDEA what was going on because he said "no thanks" at the very beginning. Now brother #1 is crying to brother #2 saying he needs the money or he will lose the deed..blah blah blah and because their parents put BOTH of their names as the new owners, brother #2 feels obligated to pay the money even though he doesn't want any part of the property.

The part I don't understand is how can brother #2 actually have part ownership if he never signed papers? So if I don't feel like making any house payments, I can just sign a piece of paper saying I give it to someone else even if they don't sign that they actually want it?

How does one find out who is REALLY on the deed?

Thanks in advance on any light you can shed.

 

[Chuck S]

How does one find out who is REALLY on the deed?

Thanks in advance on any light you can shed.

Assuming you are talking about a DVC deed at a WDW resort, they are public record.

Try looking it up here:

http://officialrecords.occompt.com/wb_or1/or_sch_1.asp

 

[CarolMN]

Both brothers need to consult a lawyer. (If both names are on the deed, I think they are both equally responsible for any debts/liens that may be on the lease).

Here's a link to the web page for the Orange County Comptroller, where you can do a search and see how the deed is actually registered:

http://officialrecords.occompt.com/wb_or1/or_sch_1.asp

Best wishes -

 

[mickeyfan2]

My guess is both names are on the deed. Just saying not thanks does not remove your name from a deed. Some legal papers needed to be signed. Consult a lawyer.

 

[Boston5602]

I dont know about DVC in Florida but my house deed in Massachusetts has mine and my sister on the house deed ( If I die it goes right to her ) I am the only one on the mortgage and only one that OWES the money. If I die my sister would neeed to pay mortgage to keep from selling house or she could use proceeds to pay off loan and keep rest , since she owns the house its easier tax and legal wise this way ( if I remember what my lawyer said correctly) Mortgage still has to be paid but just not by her .

 

[CPer'sMom]

You don't need any opinions from others ~~ You need an attorney.

 

[Dean]

I agree on the attorney. From DVC's standpoint it's who's listed as the official owners and who's on the deed. You don't have to sign a deed, the seller does so in most states. Recording it is what makes it legal. It sounds like the parents deeded it to both brothers and they both may be legally responsible. I hope it works out.

 

[CarolA]

I am with the above posters.... The advice on here is great, but it's not going to help here.

(And this is precisely why I keep wondering WHY folks are so eagar to "Leave" DVC to their kids)

 

[Seth Nock]

It is not hard to "give a property" to someone else. All an owner needs to do is have a document notarized deeding the property to someone else. No one else has to sign it. Once the deed is sent to pulic records, the grantee is shown as owner, whether he knows it was recorded or not.

 

[byoung]

I also agree on you getting an attorney. Good luck.