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[AK] What happens when a property is sold twice after a deed was never corrected to reflect the true owner?
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I am living in Alaska. I bought a piece of property via a quitclaim deed in 2022. I bought the property from a woman, the seller. When the deed was recorded, it turned out it wasn't done "legally" because the land was in the name of the seller's trust rather than her individually. So we needed to change the name to the seller's trust. We didn't end up doing that. What I had been doing was logging in and paying the taxes when my taxes came due. I told the seller that is what I was doing until we had the time to get together and re-record or write the new quitclaim deeds out. We had let it go for the last 4 years, because I got cancer, then my husband got cancer. I kept paying the taxes, and so did the seller. She forgot that she had sold the property, and long story short, it was sold again last month. At the moment the family appears to be honoring the first sale. I don't know how sticky it is going to get. Right now we have an appointment set with the seller's family at the recorder's office for next Monday. I need to know what dates we need to write on the new quitclaim deed, from the original sale date, or the current date?
I'm sorry to hear about the challenges you've faced with your health and this property situation. Can you confirm if you have any written agreements or communications with the seller regarding the sale of the property?
We have the deed, and the payment agreement.
Have you consulted with any legal professionals about this issue prior to your upcoming appointment with the seller's family?
No.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your property dispute.
The second deed was recorded on 6/17/2026.
Hey there! Welcome. I'm an attorney with many years of experience. I understand you're dealing with a situation involving a property you purchased via a quitclaim deed in Alaska, and you're unsure about the dates to use on the new deed. Have you considered any specific legal steps to address this matter?
I haven't considered legal steps other than recording a new quitclaim deed, and trusting the family will honor my current understanding of the situation. I fear they could say it wasn't legal, and they don't owe me anything. I will need them to sign the paperwork to do it over again, I am at their mercy there.
Do you have any written agreements or communications with the seller's family regarding the sale of the property? I understand. Do you have any documentation or evidence of the original agreement with the seller, such as emails, letters, or any other form of communication that might support your claim?
I have the written payment agreement, and the recorded quitclaim deed of the original sale. The payment agreement was signed by us and her, and the quitclaim deed that she signed.
Based on your situation, there are several legal arguments and considerations in property law that could potentially support your case:
- Validity of the Original Deed: The original quitclaim deed, even if improperly recorded, may still serve as evidence of the intent to transfer ownership. The fact that both parties signed it could support your claim to the property.
- Doctrine of Equitable Conversion: This legal principle suggests that once a contract for sale is signed, the buyer becomes the equitable owner of the property, even if the legal title hasn't been transferred yet.
- Trust Law Considerations: Since the property was in a trust, the trustee's authority to sell the property is crucial. If the seller had the authority to sell the property on behalf of the trust, this could strengthen your position.
- Estoppel: If the seller's family is aware of the original sale and has acted in a way that acknowledges your ownership, such as allowing you to pay taxes, they may be estopped from denying your ownership.
I have the proof that we have been paying the taxes, the assessor has a public record of the payments. I have talked with the recorder, and they have told me how to write up the new documents with the identifying number of the recording of the previous documents in reference. The seller had the authority to sell the property as far as we know. She was the signatory on the second sale of the property that occurred last month, so I assume that she was legal on the first, we just didn't know that we needed to buy it from the trust rather than buying it from her. So I am fearful that we will lose the land, or that the second party could make a fuss and try to claim the property.
It sounds like you're in a challenging situation, but there are steps you can take to protect your interests. Here's a structured approach to help you navigate this:
- Document Everything: Ensure you have all your documentation in order, including the original quitclaim deed, payment agreement, and proof of tax payments. These documents will be crucial in establishing your claim to the property.
- Clarify the Legal Status: Since the seller had the authority to sell the property, and you have been paying taxes, you may have a strong claim. However, it's essential to clarify the legal status of the property with the seller's family and ensure they acknowledge the original sale. Depending on how the meeting with the family goes, you may also want to consider a quiet title action, which is a lawsuit specifically designed to resolve competing claims to real property and establish clear ownership on the public record. Alaska has a specific quiet title process under AS 09.45.010.
- Prepare for the Meeting: At your upcoming meeting with the seller's family, bring all relevant documents, including the identifying number of the previous recording. Be prepared to discuss the situation openly and seek their cooperation in rectifying the deed. Because Alaska is a race-notice recording state, whoever records a valid, properly executed deed first generally has priority over later claimants, which is part of why getting the corrected deed recorded promptly matters. (AK Stat § 40.17.020)
- Consider Legal Advice: Given the complexity of the situation, consulting with a real estate attorney could provide you with additional legal strategies and peace of mind. They can help ensure that the new deed is correctly recorded and advise you on any potential disputes with the second buyer.
- Address Potential Disputes: If the second buyer challenges your claim, having a legal professional on your side will be invaluable. They can help you assert your rights and negotiate a resolution if necessary.
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