[WSBARP] Contract for Deed Issue

[Carol Li]

Thank you all so much for answering the QCD question!
Now here comes a weird one( to me) but I am assuming a lot of you have run
into it before: There is a contract for deed, with the terms requiring the
buyer to fulfill the obligations in the agreement(pay all the installments
full) before the seller fully sign/deliver the warranty deed. Now, found
out, the seller signed the contract for deed and the warranty deed and
notarized (unrecorded)both documents at the same time before the buyer even
started any payment. The seller now passed away, the buyer, of course, did
not pay more than $100 on the house and now is claiming they own the house
because they have a notarized warranty deed from the seller. Is there a way
to argue the buyer has only equitable title not the real title even though
they already have a notarized deed in hand, or the seller's estate should
just eat it because he gave away his title too soon? Would the court still
consider the terms of the contract if the Warranty Deed was already signed
and appearing to be legit.
* On top of all of these, the seller jointly owned the property with the
wife as community property. The wife outlived the seller. Does this fact
help to make the deed invalid because the co-worker did not sign off on it?
Thank you in advance!

-- 
Carol Li
Phone: 425 232 0316
 *"When you think positive, good things happen"*
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