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To Sign or Not to Sign...

By: Cheryl M. Jones, Branch Manager and Title Counsel, Western District

Filmore Gilmore received title to his fantastic property by a properly recorded deed showing him as
the sole grantee. When this deed was recorded, Filmore was ecstatic as this was the first property he
ever purchased on his own. It was a perfect 3 bedroom, 2 bath house with a great yard and on a quiet
street close to town and the night life. The roller coaster of life has many dips, twists and turns and
oh, how things have changed over the years for Filmore. He is selling his home and someone has to
sign the deed. Who will it be??? Let’s evaluate this one through several scenarios.


First scenario:
Filmore is still unmarried and he shows up to closing with his picture ID. He signs the deed and other
seller documents, waits for recording, takes his proceeds and sets off on a new adventure. Easy
enough. Filmore was the grantee coming in so he is the sole grantor going out.


Second scenario:
Filmore decided along the way that his perfect house was a little lonely. Fortunately, he found
someone special, fell in love, and got married. As with any relationship, they aren’t easy, so we’ll also
throw in some twists with this scenario for thrill.
If Filmore is still married at closing, then someone is bound to say, “I always heard it takes one to buy
and two to sell.” While that is likely the correct approach, there are some exceptions (because aren't
there always?).


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