But it Was for Estate Planning Purposes! (Undisclosed Minors in Title)

As the result of several deeds being recorded between members of a family, title was vested in four persons (a mother and her three sons) with the same last name. A deed was then recorded by which the mother and two of her sons conveyed to the other son, who then mortgaged the property to a lender who purchased a loan policy. It later came to the attention of the Company that the two sons who conveyed to their brother were under the age of eighteen when they came into title.

Since the minor can set aside a deed he/she executed when he/she reaches eighteen, the lien of the insured mortgage could be challenged. The title company brought a court action to have a guardian appointed for the two minors for the purpose of confirming their conveyances.