Title

What Can Happen When You Sign Papers About Your Land, House, or Vehicle?

Author

By: Montana Legal Services Association (MLSA)

Description
Learn what can happen when you sign papers about your land, house, or vehicle.
Resource Information

Introduction

What is a document related to your land, house, or vehicle?

There are many types of papers (also referred to as documents) that relate to your land or house, including a mobile home.  If you own your house (other than a mobile home), you own the land on which it sits.  If you own a mobile home, you may own only the mobile home and not the land on which it sits.  Ownership is different than renting a house or land.

Documents related to your land or house may include applications for a loan, an agreement regarding your land or house, or a deed. Here we are talking about any document that would affect your ownership interest or rights related to your land or property.

Documents related to your vehicle may include a title, a contract to buy, or a liability waiver.

How would I know a document is related to my land, house, or vehicle?

Look for language that: 

  • refers to your land, house, or vehicle; 
  • refers to another document that describes your land, house, or vehicle; 
  • refers to your belongings, including your bank accounts, your vehicle, or other things you own;
  • refers to all your belongings; or
  • includes a legal description (the technical, legal words that describe your land, house, or vehicle).

If you do not know if a document relates to your land, house, or vehicle, ask someone.  Feel free to ask any person asking you to review and sign any document.

Why would someone ask me to sign a document related to my land, house, or vehicle?

People are regularly asked to sign documents about their land or house.  This happens during the process of getting a loan, planning for your future, or sharing your assets with family members. 

Be aware when you are being asked to sign a document related to your land, house, or vehicle

Signing documents or papers

It is a good rule to never sign anything without knowing what you are signing.  To sign a document, including on an electronic pad or smartphone, may lead to you being responsible for whatever is stated in the document. For example, these days we are often asked to sign something in the process of buying something.  While you may not want to hold up the process of buying something, you should be aware that what you sign may be used to get more money or even your house or land from you.  The risk is great for some things you sign.

Never sign a property deed before asking for legal advice

A deed is a document that is very important to your ownership and possession rights related to your house or land.  It will have the title of "Deed" (for example a Quit Claim Deed) and some other important language, including the legal description of your house or land. If you sign such a document and it is filed with the county clerk and recorder or treasurer, the deed will change the ownership of your house or land.

Never sign a Title before asking for legal advice

A Title is a document that is very important to your ownership and possession rights related to your mobile home or vehicle.  It will have the title of "Title" and other important language, including the words and numbers unique to your mobile home or vehicle.  If you sign such a document and it is filed with the county clerk and recorder or treasurer, the deed will change the ownership of your mobile home or vehicle.

Be very careful if you are in the process of seeking a loan for yourself or others

Sometimes family members ask others to sign or co-sign for a loan or to share their property.  Ask the family member what it means to sign a document they show you for your signature.  Ask the bank, credit union, vehicle salesperson, or anyone else involved what will happen if the required payments aren't made. 

Important questions to ask before you sign a loan document:

  • What can happen if my family member does not pay? 
  • Can I be held responsible for what they did not pay? 
  • Can the company loaning the money take my house or property?

Avoid Problems

If a family member or someone you know asks you to sign a deed or Title, DO NOT SIGN the document before getting legal advice

Sometimes family members ask to share your property with them.  Sometimes they do it for all the right reasons, including to share the responsibilities of the property ownership.  But sometimes they want you to share so they can take over the property. They may then treat you poorly and claim you have no rights to the property.  Once you have signed a deed granting someone any portion of the property, there are very few ways to reverse it.

Avoid problems with your credit score by knowing what will happen if you sign or co-sign something with another person

Credit reporting agencies gather information about your creditors, which are any persons or companies that claim you owe them money.  If you sign or co-sign an agreement to pay a person or company and you or the person who also signed do not pay what's owed, they can send information to a credit reporting agency that can lower your credit rating. Don't overlook this possibility if a family member asks you to sign something.

Take Action

Do not sign what you have not read or do not understand

Important:  If you have been asked to sign a document relating to your land, house, or vehicle, do the following:

  • Know who you are talking to. Get the name and job title of all salespersons, loan officers, etc.
  • Do not give out information quickly or easily. Do not give your personal information to anyone if you do not know how the information might be used, this includes family members
  • Do not do sign immediately. Give yourself time to read a document carefully and time to understand a document
  • Get promises in writing from anyone offering you something in exchange for your signature. For example, if you are giving ownership of house in exchange for your being able to live there until you die, make sure the promise is stated in writing
  • Suggest changes to the document that shows what you want and how you want it. For example,  tree trimming by a particular date in exchange for half payment after first day of trimming, the rest of the payment after the job is complete

 

Get a copy of anything you sign

Important:  If you sign any document that relates to your land, house, or vehicle, make sure to get a copy of the document.

  • Do not deliver the document to anyone before you make a copy.
  • If you sign something during a meeting, ask for a copy and remember to get the copy before you leave
Get legal help

Important: If you have been asked to sign a document that relates to your land, house, or vehicle, it is best to ask for legal advice. Here are some places you can go: 

Funding Statement

This article is supported by the Administration for Community Living (ACL), U.S. Department of Health and Human Services (HHS) as part of a financial assistance award totaling $334,757 with 75 percentage funding by ACL/HHS and $88,384 and 25 percentage funded by non-federal government source(s). The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by ACL/HHS, or the U.S. Government.

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