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spawlak · Joined: 15 Apr 2008 Posts: 1 1.60 Dollars($)

Does a quit claim deed in Arkansas STILL require two witnesses as of April 2007?

If a quit claim gives joint tenancy to another person - will the mortgage that secured the loan stay attached to the property?

jameshogg

Hi Spawlak,

Welcome to forums.

As much as I know, in most states, if you're doing a quitclaim, it will require the presence of 2 witnesses apart from a notary public.

By the way, if you need a sample quitclaim deed for Arkansas, refer to http://www.littlerock.org/BoardOfDirectors/MeetingAgendas/Agendas/12-0 5-06/N%20STREET%20-%20Quitclaim%20Deed.pdf . But this is just a standard form, so you'll have to get the deed drafted by an attorney considering your requirements and preferences.

Thanks.

gmakerley · Posted: Wed Apr 16, 2008 7:36 am Post subject:

since james already addressed the quit claim question...

yes, any mortgage in place at the time of a quit claim will remain in place, unless it is paid in full.

on the quit claim question...typically a notary can also be one of your witnesses.

Guest

Does Arkansas law require a spouse to sign a mortgage when not signing the note on a home loan?

Posted: Thu Sep 18, 2008 12:14 pm Post subject:

If you hold title to the property or if it is your homestead you will have to sign the mortgage.

Guest

If a quit claim deed is filed under duress or if the person signing the property over has brain tumers,etc,can it be chalanged by the heirs on death?

adonis · Posted: Thu Dec 11, 2008 11:59 pm Post subject:

Welcome Barbara,

As far as I know, a deed signed under duress may be challenged and invalidated. The heirs will have to file a lawsuit to invalidate the deed.

Guest

I am buying a house since 1996. My decesed parents, I found out are on my title. My mom was the last to passed without a valed will in 2002. intesttat(sp) the estate was probated but never closed because the IRS has a lean. This is how I understand it is my wife & I owen 50% of the house and the estate owens 50% with three benifisers ( me, sister, brother) We are not talking and nobody but me knows about the title. I can not refinance without a clean title. Can I get a quit claim or will I have to pay the IRS and my brother & sister base on the value of the house?

adonis · Posted: Tue Jan 13, 2009 10:52 pm Post subject:

Hey Ken,

As a lien has been placed by the IRS, you will have to pay off the lien first and then refinance the property. I don't think a quitclaim will help you in this regard.

Guest

My grandmother has passed and upon her death I found out that she had a home equity line of credit in the house. She left me exector and a beneficary in her will. Is there any way to transfer the poperty in my name and borrow to pay thw loan out?

jenkin7 · Posted: Tue Mar 03, 2009 12:20 am Post subject:

Hi Buf,

As far as I know every mortgage and HELOC comes with a 'due on sale' clause which states that the entire amount becomes immediately due if the property ownership is changed or the house is sold. This makes you legally liable to pay off the debt as soon as you transfer the title or sell the house. Thus I think you should talk to the lender and discuss with them as to what could be done in this situation.

Guest

in 1995, my mother sold 220 acres to me contract ofsale. my husband told me to sign quit claim deed back to her at same time. the contr said in the event of her and my husbands death, property will go to me free and clear. my husband died 07. they had filed the qc deed 1997 . i did not know. now my hb kids have the prop in their name. arkansas. how many witnesses to be valid in arkansas

adonis · Posted: Fri Apr 10, 2009 11:42 pm Post subject:

Hi billie,

As far as I know, there should be one witness while recording the deed in Arkansas. However, it would better if you could contact your county recorder's office and confirm the information from them.

Guest

our land was sold for back taxes without our being notified is there anything we can do to get the land back

adonis · Posted: Sun Aug 02, 2009 11:45 pm Post subject:

Hi donna,

The IRS or the state tax department should have informed you about the sale of the land. As the land has been already sold off, I don't think there's anything you can do about it. However, you can always speak to an attorney and take his opinion in this regard.

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