What can be done if a city loses your paperwork after you file it?

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What can be done if a city loses your paperwork after you file it?

About 42 years ago, my parents gave the family home to my 2 brothers. Then, 9 years ago, 1 brother gave his half of the home to the other brother on the deed by having an attorney file the necessary paperwork with the city. He has the receipt from the city when the papers were filed. Since then the brother who gave up the property died. Last month he went to get a permit for some work on the house and discovered the city had no record of the transfer of the deed. He was told the house still belongs to the 2 brothers. How does he correct this matter? He wants to leave the house to my children.

Asked on August 20, 2012 under Real Estate Law, New York

Answers:

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

Answered 8 years ago | Contributor

Do you have a copy of the deed that was filed?  With the receipt you may be able to bring an action to accept the copy for the original on file.  Now, if that does not work all may not be lost. If the brother that gave up the property left no wife or children to inherit the property then you and your siblings would probably inherit his half under intestacy.  They held the property jointly correct?  Without survivorship rights?  The that is what would be.  Get legal help so that the attorney can review the documents you have and understand the facts of your particular situation.  Good luck.


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