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Warranty Deed Notarized 1.4 Yrs Ago

Grammarhero

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Sorry you have to deal with this dilemma.

Just as you are bound by ethical rules pertaining to backdating so would a notary. Surprised a notary would notarized “signatures” on a blank document.
It looks like the notary was above board. Greatway filled in a lot of information, but left blanks on the first page eventually filled with my info. I don’t blame the notary. The notary probably didn’t know. What I meant was that words that were notarized were filled in or altered after said notarization.
 

Grammarhero

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Isn't the notary only notarizing the seller's signature anyway? They don't necessarily do any validation to the document itself?
Correct. That’s why I don’t blame the notary himself/herself. At this point, although I believe the notarized first page had blanks for the buyer, I don’t even know that for sure. I have no idea what was originally notarized.
 

dgalati

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I contacted last night. I haven’t received a response as it’s the weekend. Maybe I will wait until Monday.
Deed will more then likely be rejected by Wyndham. I had one about 6 months ago with dates of notary stamping and my signing differing 3/09 vs 3/19. It was rejected and had to be corrected with new deed being recorded.
 

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fishy. both seller and buyer need their own notarization unless (unlikrly) they are physically together signing.

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dioxide45

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fishy. both seller and buyer need their own notarization unless (unlikrly) they are physically together signing.

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The buyer doesn't sign the deed. So no signature to notarize.
 

Grammarhero

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Deed will more then likely be rejected by Wyndham. I had one about 6 months ago with dates of notary stamping and my signing differing 3/09 vs 3/19. It was rejected and had to be corrected with new deed being recorded.
Dominic, which company backdated your Ts transfer by ten years?
 

goaliedave

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The buyer doesn't sign the deed. So no signature to notarize.
shoot sorry thought it was the transfer agreement. so then I agree with above, if ts company accepts it and MF are current, no harm done as OP didn't make the mistake it was the lawyer who registered the deed.

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A notary is notarizing your signature verifying you are who you say you are.
If a document needs notarized signatures from different individuals the first notary has no idea how long before the next party signs in front of a notary.

I see no fault on a notaries part if the next party waits 1 day or 10 years to sign in front of a notary. Ounce they notarize your signature they’re done
 

scootr5

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A notary is notarizing your signature verifying you are who you say you are.
If a document needs notarized signatures from different individuals the first notary has no idea how long before the next party signs in front of a notary.

I see no fault on a notaries part if the next party waits 1 day or 10 years to sign in front of a notary. Ounce they notarize your signature they’re done
Exactly, and most locations do not even require the buyer to sign the deed. I think I’ve seen that only one time.
 

BM243923

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I purchased a timeshare last year from one of the post card companies.

The same situation happened to me. The deed was dated 1 year earlier. Since they were responsible for paying the current year fees I was concerned I would be responsible for paying them. They paid the fees and I get free usage of the week this year. I will be going in October just to use the week.

It all worked out fine and I have just exchanged the unit for another unit through the resort and everything is fine.

I paid $50.00 on ebay for a fall week 1 bedroom unit and upgraded for $500.00 through the resort for a winter week 2 bedroom lock out unit. I now own three consecutive weeks. I think I did well.
 
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Eric B

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If it were me, I would be looking at whether there is anything necessary or appropriate to cure the perceived defect in the transaction. @Grammarhero didn't do anything like the ethics cases that were cited; instead it may have been that the agent for the seller had a deed that has a defect transferring the timeshare to them that needs to be fixed because it was executed prior to identifying the buyer. I don't think there is anything to worry about ethically.

Deed will more then likely be rejected by Wyndham. I had one about 6 months ago with dates of notary stamping and my signing differing 3/09 vs 3/19. It was rejected and had to be corrected with new deed being recorded.
Not sure why Wyndham would care. They own one of the exchange companies that provides services to the property in question, which is a Vacation Village (VV) resort. I've never heard of an exchange company having anything to do with transfer of ownership. In any case, I believe that Williamsburg Plantation is one of those resorts that has ROFR; I know that Colonies at Williamsburg, which is managed by the same part of VV is. They already had a bite at the apple for objecting to the transfer if that's the case, and they must not have, unless the transfer agent skipped that step.

IMHO, @Grammarhero might have a means to unwind the transaction, but I would look at it as an excuse to do so rather than a reason if it were me. I'm a licensed attorney as well, and therefore bound by ethical rules, too. I would think that backing out of a bona fide transaction without giving the seller an opportunity to cure the perceived defect would be another ethical concern that isn't all that clear cut as to whether it's the right thing to do. If there is a defect with the deed for a timeshare I bought, I would think that seeking to have the defect fixed by the seller is the right thing to do rather than starting a quiet title action. I would be surprised to learn that there have been any quiet title actions filed for timeshare deeds filed with no objection from any of the parties involved (including the resort management) in circumstances like this.
 

Grammarhero

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If it were me, I would be looking at whether there is anything necessary or appropriate to cure the perceived defect in the transaction. @Grammarhero didn't do anything like the ethics cases that were cited; instead it may have been that the agent for the seller had a deed that has a defect transferring the timeshare to them that needs to be fixed because it was executed prior to identifying the buyer. I don't think there is anything to worry about ethically.



Not sure why Wyndham would care. They own one of the exchange companies that provides services to the property in question, which is a Vacation Village (VV) resort. I've never heard of an exchange company having anything to do with transfer of ownership. In any case, I believe that Williamsburg Plantation is one of those resorts that has ROFR; I know that Colonies at Williamsburg, which is managed by the same part of VV is. They already had a bite at the apple for objecting to the transfer if that's the case, and they must not have, unless the transfer agent skipped that step.

IMHO, @Grammarhero might have a means to unwind the transaction, but I would look at it as an excuse to do so rather than a reason if it were me. I'm a licensed attorney as well, and therefore bound by ethical rules, too. I would think that backing out of a bona fide transaction without giving the seller an opportunity to cure the perceived defect would be another ethical concern that isn't all that clear cut as to whether it's the right thing to do. If there is a defect with the deed for a timeshare I bought, I would think that seeking to have the defect fixed by the seller is the right thing to do rather than starting a quiet title action. I would be surprised to learn that there have been any quiet title actions filed for timeshare deeds filed with no objection from any of the parties involved (including the resort management) in circumstances like this.
Thanks for chiming in. Appreciate your input.
 
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TheTimeTraveler

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Sorry you have to deal with this dilemma.

Just as you are bound by ethical rules pertaining to backdating so would a notary. Surprised a notary would validate “signatures” on a document that doesn’t include all signatures.



Nothing surprises me anymore... I remember 10 years ago that some of the leading Banks in the USA hired folks to sit all day long and sign (forge) documents during the financial meltdown (mortgage crisis).





.
 

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Grammarhero: Jeff Brown runs a tight ship. Be sure he is made aware of all of this. My money is on that he will take whatever steps needed in order to make this right.

If he doesn't fix this then his reputation is at stake!






.
 

dioxide45

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Grammarhero: Jeff Brown runs a tight ship. Be sure he is made aware of all of this. My money is on that he will take whatever steps needed in order to make this right.

If he doesn't fix this then his reputation is at stake!






.
The problem may be that this could be standard business practice. It happens a lot with PCC and trade in companies.
 

Gypsy65

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The problem may be that this could be standard business practice. It happens a lot with PCC and trade in companies.
Even if this is common practice in his business, most people wouldn’t have a job to worry about
But in this case, I think he’d make the exception and make things all legit
 

Grammarhero

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@Eric B @sjsharkie @Passepartout
I copied you for information helping our or our spouse’s kind.

I called the bar ethics hotline and Sumday. Sumday will try to get a letter from the sellers acknowledging that they signed the notarized deed on March 2018, that the deed was recorded on August 2019, and going to me only. Signing and notarizing a Warranty Deed, selling years later, and then filling in buyer’s information appear to be standard practice.

The bar ethics hotline thinks that the situation is able to be investigated, which would be annoying and stressful. However, any situation can be investigated. It just depends on whether there would be ethics charges or how zealous bar ethics counsel is.

The result would be that since I insisted on contemporaneous notarization, I would be cleared, or a public reprimand at worst.

Suspensions come when lawyers are involved in signing and notarizing Warranty deeds and did not insist on recent notarization. The punishment for such a lawyer ranges from a public reprimand to one month suspension.

Another case is when a seller sold a timeshare twice, but backdated for later, lawyer buyer who did not insist on recent notarization.

I’m glad that this is over. Yes, I over-reacted and needlessly over-stressed over this. In the future, I am going to stick with TUG TS Bargain Deals, Marketplace, Wyndham, and Lt transfers.
 
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Eric B

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Thanks for updating all!
 

Grammarhero

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For the record, I think Sumday is great for 99 percent of people or TS owners. It’s just not for me or many attorneys, though I appreciate the cheap TS.
 
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Gypsy65

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Now
Go make yourself a stout gin and tonic with two limes!!
 

dioxide45

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I’m glad that this is over. Yes, I over-reacted and needlessly over-stressed over this. In the future, I am going to stick with TUG TS Bargain Deals, Marketplace, Wyndham, and Lt transfers.
I think a private transfer is probably the best, or working through a reputable broker who works directly with sellers. The Ebay guys and people who handle trade ins and PCC outfits skirt on the outer boundaries of the law and perhaps wouldn't be the best to work with in your situation.
 

Grammarhero

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I think a private transfer is probably the best, or working through a reputable broker who works directly with sellers. The Ebay guys and people who handle trade ins and PCC outfits skirt on the outer boundaries of the law and perhaps wouldn't be the best to work with in your situation.
Thanks. I think you had it right all along. I appreciated your insight.

I’m a young, millennial attorney. If I was a middle-aged Attorney with substantial savings or older attorney close to retirement, I’d care less. I have to pay for my six (6) timeshares for 25 plus years somehow. =D
 
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