Deeds and affi davit question

fuzzy12

This is hypothetical.

If someone sold a property on your behalf and then bought a new property on your behalf with the deeds in their name but signed an affi davit stating that the property was in fact yours and that they agree to hand it over to you when requested, could they legally argue that they own the property and then sell it?

Thanks.

dats_right

Presumably what you are referring is some type of trust (in the legal sense of the word), well if that is the case then it depends on whether the trust is on title or not i.e. is it apparent from an inspection of the title deeds? If the trust is not on title well then the trustee i.e. the legal owner as opposed to the beneficial owner is entitled to sell and pass good title provided the purchaser has no notice of the trust [bona fide purchaser for value without notice= equity's darling, etc..]. On the other hand if the existence of the trust is disclosed on title, which would be unusual, then a trustee, as such, has no power of sale unless the trust document provides the power for the trustee to sell.