If the neighbors in subdivision filed incorrectly to vacate deed restrictions, can the filing just be ignored or must it go to court?

Subdivision requires 75% to vacate, allowed every 10 years. Document was filed as “miscellaneous” without referencing subdivision as Grantee, instead referencing only the signers. Also, one of the document signers acted as notary, acknowledging several of the other signers. Some other signatures were not dated. Some signatures had only a notary stamp and signature with them, and no acknowledgment wording of any kind. Are these errors fatal? Does this filing have to be challenged, or can it simply be ignored? Is there now a problem with future title searches?

Asked on July 29, 2012 under Real Estate Law, Texas


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

Answered 8 years ago | Contributor

You have raised many problems with the documents and I bet in looking at them many more would pop out.  You need to deal with the situation now.  You can not simply ignore the issues here as it will indeed result in litigation down the road.  ANd the notary can not notarize her own signature and should not be notarizing others on a document that she has an interest in.  Please get legal help NOW>  Good luck.

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