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Questions and Professional Answers

Questions and Professional Answers

  • Signatures required for quit claim

    I currently own a tomeshare with an ex-boyfriend. I am willing to pay off the remaining mortgage and would like to quit claim the title to him. Do I need his signature on the quit claim deed or can I quit claim without his signature?
    • Re: Signatures required for quit claim

      If you are the only person on title to the time share, you alone can sign the quitclaim, but if your boyfriend is also on title, you both need to sign the quitclaim. The Grantor on the quitclaim must be the same parties holding title for it to be effective.

      Eric Fisher
      Law Office of Eric A. Fisher. LLC
      619 Main St. (P. O. Box 4865)
      Frisco, CO 80443-4865
  • Quit Claim Deed

    I have a notarized quit claim deed & have refinanced the property. The property appraiser shows the home in only my name, but now after a refinance 6 years ago, the lender says that since the quit claim deed did not have 2 witness signatures, it is not valid. Must the quit claim deed be witnessed in addition to notarized to be in effect? The property is in FL but the person signing the Quit Claim is in OK.
    • Re: Quit Claim Deed

      Yes. A Florida deed requires to witnesses

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
    • Re: Quit Claim Deed

      The bad news is that Mr. Slater is correct this time. A deed to Florida property must have two witnesses by statute, or it is not valid. The clerk of court will record it if it is notarized, but that does not make it any more valid.

      Frank J. Pyle
      Probate Attorney Throughout Florida
      401 West Colonial Drive, Suite 4
      Orlando, FL 32804
  • quit claim deeds

    My wife and I currently reside in Florida. We own a house in Illinois. She is giving me a specific power of attorney to execute a quit claim deed. I will be making the trip to Illinois to personally appear to the recorder. The recorder stated she would accept her POA and the quit claim but was not sure of its legality. So, would it be legal for me with her POA to sign her name for the quit claim?
    • Re: quit claim deeds

      Your wife can execute a deed in Florida and you can mail it in to the county recorder's office.If there is no consideration for the transaction you will also need a grantor grantee affidavit. You may also need a local jurisdiction exemption transfer dec.If there is consideration for the transaction you will need the state and county transfer decs.If the deed is recorded under a POA the POA needs to be recorded and be in recordable form (additional recording fees)email me if you have any questions.

      Joseph Michelotti
      Michelotti & Associates, Ltd.
      1200 Jorie Blvd. Suite 329
      Oak Brook, IL 60523
    • Re: quit claim deeds

      There is nothing illegal about what you are doing but it would be more convenient to do as the other attorneys suggest!

      Mary McDonagh
      McDonagh-Faherty Law Offices
      3310 North Harlem Avenue, Ste. 101
      Chicago, IL 60634
    • Re: quit claim deeds

      Why could not this deed be executed before a Notary Public in the state of Florida?

      Charles Dobra
      Charles Wm. Dobra, Ltd.
      675 East Irving Park Road - Suite 100
      Roselle, IL 60172
  • Quit Claim Deeds

    My brother and I were left an equal share in my Mom's property after her death in November. Because of a lot of expense that I had in the house, and in her care, my brother is signing a quit claim deed to give up his rights to the property (house and land). I have been told my a local attorney that he can sign that quit claim deed now, even before the Will is probated. I just want to make sure. Is it OK for the quit claim to be dated before the actual probating of the will. I was also told the Executor would need to do an Executor's Deed, putting the property in both my name and my brothers, and then the quit claim deed should be filed. Again, is it OK that the quit claim is dated before all of that?
    • Re: Quit Claim Deeds

      Yes, go ahead and get the quitclaim and have it recorded. Just to be safe, file it again for recording after the executor's deed is filed. It will cost you an extra $5.00 but what the heck.

      Charles W. Field
      Charles W. Field, Attorney at Law
      911 Duluth Hwy., Ste. D-3211
      Lawrenceville (north Atlanta), GA 30043
  • Quit claim deeds

    My four cousins (two couples)own property in joint tenancy. The one couple would like to quit claim their interest to the other(designated)couple. Can they quit claim their interest? Or must all four quit claim to a third party who then quit claims back to the designated couple?
    • Re: Quit claim deeds

      There is neither any reason why they should not be able to quit claim nor need any prior transfer to a third-party. However, check the existing joint tenancy under which they are operating. Does it allow what they are planning? That is, is there any clause prohibiting quit claim among the parties? If not, let them go ahead. If you need any help in putting the quitclaim deed together or need further assistance, contact my office. Otherwise, seek good legal counsel to put the quitclaim deed together. Good luck.

      A. Olusanjo Omoniyi
      Omoniyi Law Firm, P. C.
      70 West Madison Street, Suite 1400
      Chicago, IL 60602-4270
  • Quit Claim Deed.

    When I got divorced 3 years ago, I signed a Quit Claim Deed so that he could refinance the house in his name only. Well, now there is no record of the Quit Claim Deed anywhere. I am still on the tax bill and title to the house. We are in a custody battle and I want to use that for leverage. I guess I need to know if I am still legally entitled to half of the property since there is no record of the Quit Claim anywhere. He wants me to sign a new one.
    • Re: Quit Claim Deed.

      You must first realize that if you were required by the courts divorce decree to quit claim your interest in the property, you are still obligated to do so.However, if this has some how caused you to spend money due a bad credit report or paid taxes on the property to avoid this, you may be able to recover something.

      Ralph Tambasco
      Tambasco & Associates,P.C. Attornenys at Law
      1 N. Pennsylvania St., suite 500
      Indianapolis, IN 46204-3136
  • Quit Claim

    Originally, my sister and I bought our mother's house from her but I have paid the mortgage and repaid her investment long ago. She has agreed to do a quit claim. Do we have to list a purchase price or property value in the quit claim? We just want the ownership in one name not both and don't want to pay a heavy real estate tax transfer burden.
    • Re: Quit Claim

      Even if the property is gifted, there is still a transfer tax to pay when the deed is recorded. The transfer tax will be calculated on the fair market value, which, without having to pay for an appraisal, would be the town tax valuation. The transfer tax is 2.20 per 1,000 for each party, so if the property is valued at 200,000 each side would have to pay $440.You would be exempt from transfer tax is the gift was between parent-child or spouses, but siblings are not exempt.

      Jerome Gamache
      Ainsworth Thelin & Raftice, P.A.
      P.O. Box 2412
      South Portland, ME 04116
  • Quit Claim deeds from county

    Our county is offering for sale, parcels of land that have been acquired by tax deed. I offer a mailed in bid on the property, and if they accept the offer, a Quit Claim deed will be recorded in the Register of Deeds. I have been researching quit claim deeds, and I am confused. Does this mean I would be the full owner of the property? Would I recieve the title or do I need to apply for that somewhere, once the quit claim is filed? Would I be able to sell the property I bought on a quit claim? Basically what steps do I take to ensure I will be the owner free & clear on this property? Thanks for your help, Lisa
    • Re: Quit Claim deeds from county

      You need to contact a title insurance company to get coverage for the property you are intending to purchase. Any other way of acquiring the property will leave you uninsured, in the event a loss occurs.

      Thomas Schober
      Schober Schober & Mitchell, S.C.
      16845 West Cleveland Avenue
      New Berlin, WI 53151-3532
  • Quit Claim

    If a couple quit claim to each other properties.each recieved one property,The quit claim was signed noterized and recorded.can a divorce cout cancel this action if one of the couple changed his mind
    • Re: Quit Claim

      You may have grounds to cancel the deed. Contact me directly.

      OCEAN BEACH ASSOCIATES
      OCEAN BEACH ASSOCIATES
      2185 Sunset Cliffs Blvd.
      San Diego, CA 92107
  • quit claim deed

    Is it possible to quit claim interest in a property, record it and not be removed from the mortgage ? Will the lender find out if it is recorded? If you sign the quit claim and do not record it is it legal and binding even at some future date say many years from now?
    • Re: quit claim deed

      Here are the answers to your questions, in sequence, with brief explanations. I note by your Zip code that you are about 20 miles from me, and I would be happy to meet with you, without charge, to discuss the ramifications further:(1) Yes, it is possible to quitclaim property without being removed as a borrower/obligor on a mortgage (or note secured by deed of trust). The ownership of property and the obligation to pay a particular debt secured by that property are loosely related but separate concepts. The borrower remains an obligor on the loan even though the borrower no longer owns the collateral. However, with many loans the lender must look to the collateral, and cannot pursue the borrower separately. Hence, if you quitclaim away ownership, the person to whom you quitclaim will often be the big loser in a foreclosure, while the lender has no recourse to you for a deficiency as the actual original borrower, should the foreclosure sale produce insufficient proceeds to pay the loan and the foreclosure costs. The main exception to this collateral-only rule is loans where (1) the lender forecloses in court rather than by trustee sale, and (2) the loan was not a purchase-money loan, e.g., it was a refi. Note that many loans contain "due-on-sale" clauses which accelerate the maturity of the loan unless waived by the lender. Many lenders will waive, but for a fee. Also, note that junior lenders whose security is wiped out by foreclosure of a senior trust deed become unsecured creditors of the borrower and can sue on their notes.(2) An alert lender can find out by checking recorded documents, tax payment records, and/or looking at the name on monthly loan-payment checks. Lender diligence in these areas varies, but risk of discovery is moderate to high, especially if the payments are not prompt and regular, thus prompting an inquiry.(3) A deed of any kind is valid between the parties and others with notice thereof notwithstanding failure to record, provided the deed is delivered into the actual or constructive possession of the grantee during the grantor's lifetime. However, an unrecorded deed is not valid against bona fide intermediate buyers or lenders who record their deed(s) or lien(s) first, in good faith, for value received, and without actual or constructive knowledge of the unrecorded deed.This is a concise and oversimplified summary of a lethally-complicated area of the law, and proceeding without complete knowledgable lawyer assistance is a recipe for disaster.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318