Is it legal to transfer a deed without my signature or knowledge with a statutory right of redemption?

I was divorced in 2001 and left our property. A quit claim was never filed to take my name of the deed, however I was released from the mortage. Then 6 years ago, my ex-husband was foreclosed on while my name was still on the deed. After the foreclosure an assignment of statutory right of redemption was done with my ex father in law being the purchaser. There is a transfer of deed stating that “I and my ex husband” transfer the deed to my ex father in law. All parties signed except for me and it has been notarized and filed. My signature is still left blank. I had no knowledge of this foreclosure or transfer of deed until last week.

Asked on July 31, 2012 under Real Estate Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Is this proper? No, I think that you realize that legal documents must be properly executed. In the end, though, what do you wish to accomplish here?  It sounds as if this asset was allocated to your ex in the divorce and even though the quit claim was not filed that document still stands as a valid contract. Please seek legal help here.  All the documents really need to be reviewed in person.  The notifications by the lender on foreclosure, the divorce agreement, etc.  Good luck.

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