court ordered sale of marital home

Guest 0.10 Dollars($)

hi,
I and my ex were ordered to sell our marital home in the final dissolution of marriage but after the home was on the market for 2 months without even a single call she decided to take my offer of 15,000 dollars that i had offered her at mediation. so i had her sign a quit claim deed and had her and myself sign it in front of a notary now she says that because the quit claim deed dosent have witness signatures on it that it is not legal? i live in Florida

jenkin7 · Joined: 04 Jun 2007 Posts: 887 132.55 Dollars($)

Hello,

Florida law requires the signatures of the witnesses on the quit claim deed otherwise it may not be a valid deed.

How was the deed notarized without the witnesses? Did you record the deed at the County Recorder's Office?

I think this was a mistake on the part of the notary.

Niicss · Joined: 03 Oct 2005 Posts: 807 118.37 Dollars($)

I think Jenkin is correct. The deed might be invalid if there is no signature of the witnesses. This is required as per Florida laws.

You should contact the notary immediately and even the notary could be legally penalized for such a mistake.

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

Hi,

You have signed the deed in front of the notary publics but the deed has not been notarized? How can it be? Jenkin has raised a good question here - has it been recorded? If it is not notarized and recorded then the deed will not be counted as a valid deed.

Now you should contact with an attorney and let him prepare the deed for you. Do not forget to notarized and record the deed this time.

Best of luck,
Larry

Guest 0.10 Dollars($)

You can re record the same Deed. have 2 witness who know her can sign as a witness, and write on the deed corrected and pay the stamps on 15,000. thats what you paid her for consideration. I asume that you have a proof of payment to your X. the County Clerk will re-record the same QCD with correct doc stamps, and witness signature. She cant deny that she did receive the 15K for the consideration. Good Luck Wink

lisascherzer · Joined: 04 Jan 2008 Posts: 599 69.56 Dollars($)

That may be the case and if so another quit claim can be completed and filed. I would suggest that if you are on the mortgage that you have her refinance the property into just her name before signing over a quit claim deed.

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