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Reverse quit claim deed - How to do it?

Good afternoon. I live in Toluca lake, Ca and my 85 year old grandmother lives in Orlando, and she has a condo that was just fully repaired from the hurricanes that hit two years ago. The problem is that she is in a HUD housing facility and the sale of the condo would remove her from it. She has, what she considered to be a daughter in Orlando, who has been in her life for the past 30 years. My grandmother and her discussed that she would sign a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] over to Wanda and after the sale of the property, she would give her some money and leave the rest to me, her only grandchild. Well, you probably can see where this is going, now she is being very nasty to my grandmother and has hung up on her twice. Also, when Wanda wanted my grandmother to switch over her CD from her bank to Wanda's bank, when my grandmother was asked who is the beneficiary my grandmother said, my grandson. Wanda got up and ran out of the office. I work in entertainment and have no expertise in this field whatsoever, but from my vantage point there is not much my grandmother can do. But, she has been making all of the mortgage payments to date and Wanda hasn't paid anything. My grandmother has an appointment with her lawyer in two weeks, and now Wanda won't return her calls. Is there anything that she can do to reverse the deed or something to that effect?

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jmgovine,

I found some information about reverse quit claim; have a look at
http://www.mortgagefit.com/discuss/about2152.html#cancel

Malvin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

There is another page with good discussion about reverse quit claim,
http://www.mortgagefit.com/quitclaim-deed-10.html

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Jessica's picture
Jessica | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

You can reverse quit claim deed only if Wanda is willing to quit claim the property back to your grandmother. But if she is not responding to the calls, then you need to discuss the matter with the lawyer and then take necessary actions.

Regards,

Jessica.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My brother-in-law recently passed away and in going through his papers there was a hand written signed and notarized quit claim deed giving me his share in 90 acres in Curry County Oregon which he owned jointly with his son who is incarcerated in the state pen. I have had the deed recorded in my county(Grant County New Mexico) and then have also had the deed recorded in Curry County, is this a valid deed and if so what would I do notify the son that the quit claim deed has been filed and see what he wants to do or would I have the legal right to sell my half of the property. The property is free and clear and the taxes have been paid to date.

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Johny,

When you have recorded the deed, then it is surely valid.

Though your nephew is holding 50% of the ownership, yet I think there is no need to notify him as you have not acquired his share of the property. You are the owner of the other half of the property share.

After gaining the ownership, you have absolute right to sell half of your part of the property to anyone you like. There are no obligations in it.

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evolovik26's picture
evolovik26 | Joined: August 15, 2007 11:43 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

larry wrong again !!
please dont respond to questions you dont know the answers to.

Hi Jmgovine, because the quitclaim deed is legal you are 1/2 owner of the property in question. However you cannot sell it without the second owner agreement just the same as he cannot sell without you.
The property might be big and seems like you can divide it in half and sell it but it is considered as a one undivided whole. You can sell your interest in the property by signing it over to someone else but you cant sell the property.
Its like owning stock - you own interest in part of the company and can sell the stock but you cant go around dismantling the company itself to get the stock value out of it.
Imagine for a second that you sold 50 acres of land and the other coowner found oil on his unsold half. Whould you feel cheated? And how do you split the trees, the grass and pick wich half to sell?

You can agree to subdivide your land in 2 pieces with your coowner and then you can sell your half or you can sell the whole thing and split the profits if coowner agrees.

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colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:fe0e543c7e]The property might be big and seems like you can divide it in half and sell it but it is considered as a one undivided whole. You can sell your interest in the property by signing it over to someone else but you cant sell the property. [/quote:fe0e543c7e]

Yes, it is like I am co owner of a house with someone and now want out of it. If other co owner agrees then I give him my share and he gives me money for the value of my ownership in the house.

Or for that matter, any other third person can purchase my share in the house by giving me the monie. Thats fine, no problems in it.

But selling the house means the whole property, which includes the portion that other co owner has rights to. When the house will be sold, it will be required to get signatures of all the owners of the house, without which the sale cannot be complete.

Colin

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Here is my problem I quit claimed a propertie to some one that is now in prison house going into 4 closure and I'm on the loan what can I do

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Hawk,

Didn't your lender ask this person to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage in his name when the ownership was transferred?

If you are on the mortgage, then you are financially responsible for it and if the house forecloses, it will affect your credit.

If it is possible for you to make the payments, then you may do that immediately to stop the foreclosure.

In order to do a reverse quit claim, the present owner is required to sign the document as the grantor. You can take the help of a lawyer and the prison notary to do that but it might take some time.

It is better to talk clearly to the lender as early as possible to prevent the foreclosure, if you have less time.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I are getting a divorce. He quit claimed the house and business to me. The divorce will soon be final and suddenly he is trying to stop the divorce so he can fight me for the house. Could he be successful?

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

I have given the answer at-http://www.mortgagefit.com/quitclaim/divorce-deedreversal.html
You can check it out.

Feel free to ask if you have any farther questions.

Thanks,
Larry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I want to sell housse, comortgage never lived in house or assumed any financial responsibility. Early on he signed quitclaim deed. Now he is in prison on felony life conviction and refuses to sign warranty deed. Don't want foreclosure on my record, what can I do? What is receivership and how does it work?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Carole,

If you want to sell the property, the co-owner has to sign the document and give his consent.

Has he already signed a quit claim deed before to remove his name from the deed? Then why is he needed to sign the warranty deed again if his name is already removed from the title?

There is another option. You may force a sale by bringing a partition lawsuit against the co-owner.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

A friend of mine has sons in germany who he did not know were listed when the property was purchased in 1985. His wife died in 1986 and did not leave a will. Now that he is trying to sell this house, he found out during a title search that the sons were listed. He has paid for this house by himself all these years including taxes. The sons never paid anything. The mother died when they were 2 years old, however, now since he is asking for a quitclaim they all of a sudden they have a right to the home and won't sign the deed. How can my friend sell the home without the son's signatures?
Thank you!

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My Mother put all her six children on her apartment building through a quick claim deed 20 years ago after my Father died. Now one brother has become a crack cocaine addict and is draining all my Mother's assets.
Can we get him removed without him signing the deed. He has to date bleed her of at least 150000.00 and now she is going to have a lot of trouble trying to pay the taxes. This property is her source of income, she does'nt live at the property.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Suzie Tomasone!

You will require your brother's signature in order to remove his name from the deed. You will have to ask him to give away his property interests in your favor by signing a quitclaim deed.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I quitclaimed my house to a close relative about 6 months ago under the agreement that they would make a percentage of the mortgage payments. The mortgage is in my name alone through a company. I am still having to make the full payments with no regard to our original agreement. Can I null and void the quitclaim agreement if they are in agreement?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jatlive,

As the relative did not abide by the original agreement that you had with him/her, you can take steps to declare the quitclaim deed null and void. You can ask the relative to sign a reverse quitclaim deed in your name. If the relative does not agree to reverse quitclaim the deed, then you can take the help of an attorney and try to sue him/her in the court.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother and father-in-law quick claimed their property to thir three children 13 years ago. Now, my father-in-law passed away and she wants the property back to do a reverse mortgage. Not sure she should do that at this time, but either way, that's what she wants to do. Should the children quick claim the deed back to her, what are the tax implications regarding each adult child. Will they have to pay the gift tax on next year's income tax?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As the children will be transferring the property, I don't think there will be any gift tax implications on this transfer. However, while transferring the property, the children will be incurring the transfer taxes and stamp doc fees.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm tryin to help my cousin. Her mother has two houses and bills. Her mother home was once paid in full maybe 5 year ago, then pull out the equity, I quess has a new mortage now, the mortgage and all the bills are being paid on time,nothing is behind. The second home my cousin stayes in, payment has been paid every month on time. For the past months her, mother has been very sick, can't take care of herself any more and don't stay in her home anymore, haven't for several month. Now that the mother is stayin with my cousin, they need more room in there home, need to add on to accomodate her mother. Two much money is being spent out on the house no one is stayin in, it's becoming very stressful for her to keep up the up keep, the house is very old and it's away's being vandelize, it will be very hard to sell for the amount that's owe on it. My cousin credit isn't good enough to buy another home. I know she would like to keep the house she is stayin in, take care of her mother,maybe sell the older home or due away with it along with her mother bills. How can she keep the house she's stayin in, have it put in her name without it effecting her in the long run, if her mother past or have to go in a home, maybe add on and due away with her mother bills, maybe [url=http://www.mortgagefit.com/refinance.html]refinance[/url] then consolidate her owe bills..I know I'm asking alot but my cousin is very stress

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi ww,

If your cousin is not delinquent in her payments, she may try to refinance the mortgage at a lower rate. This will help her in reducing the monthly payments and she will be able to save the property. But she will have to pay the closing costs and other related costs while refinancing.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm writing again from Jan 26 for my cousin. Good advice was given, but how do you refince? What are the steps? I had mentions that my cousin is responsible for payin her mother bills and the vacant home mortgage. Since her ill mother is stayin with her, but in a home that is in the mother name,there are bills to be paid there also. Her mother is on a fix income. I feel that the income should be spent to better the living of the mother and daughter. What is the best thing to do about the mother bills? What can be done quickly...

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Your cousin needs to contact the lender and speak about refinancing. If your cousin has a good credit score and income and if the property has some equity, then the lender will be ready to refinance the property. Once she refinances the home in her name, she will be responsible for paying the debts and her mother could pay for the medical bills from her fixed income.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I do a quick claim deed under the name of my son, but am paying the mortgage, if I stop paying the mortgage, wiil be affect the credit of my son?.

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi andrea,

If you son is only on the title and not on the mortgage, then if you default on the loan his credit will not be affected. But if his name appears on the mortgage papers and you default, your son's credit will surely take a hit.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My grandmother lives here in California,in her paid for home, she is on social security and she has been diagonsed with terminal cancer. how can I get her home into my name, without paying additional taxes. She doesn't have long to live, so I have to move fast.

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robert.smith2005 | Joined: May 22, 2009 07:49 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if i signed over my house on a quick claim deed but it was never file with with the clerks office is there a way i can get out of it? it was like 10 years ago and they are allways late on the mortgage and my credit is in the dump now. id like to put it up for sale. what are my options?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi chad,

A quitclaim deed needs to be recorded with the county clerk's office in order to be considered valid. If the deed was not recorded for 10 long years, it iw likely that it will no mor be considered valid. I think you should first check with the county recorders office as to who holds the title. If it is still in your name, you can sell off the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I agreed to a short sale with my lender due to having a 365,000 mortgage with 101/2 interest rate with a payment of 3350. A loan modification didn't work out. My son wants to buy my home. The lender will sell it to him for 170,000, but will not do the loan because my name is still on the loan. Do I have to wait for the name change? He has good credit. Can you recommend a lender?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

MY HUSBAND AUNT QUICK CLAIMED THE BUILDING AS JOINT TENEANCY TO HER SELF MY HUSBAND AND ME DOES SHE NEED OUR SIGNATURE TO [url=http://www.mortgagefit.com/refinance.html]REFINANCE[/url]

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To Rodgers,

It depends on the lender and the particular situation if you need to sign on the mortgage when your husband's aunt refinances the home. Since both you and your husband have been added to the title as joint tenants, you are now legal owners of the property. In case you do not want to be liable for the loan, you can opt to not sign on the mortgage note. But the lender might insist that you and your husband be on the loan when the home is refinanced just to make sure that he does not have any problem while foreclosing the home in case of a default.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I bought a property a year ago and the mortgage is in my name and I had make all mortgage payments from day one.my fiancee invested 10k for me to acquire the property, and in return I included her in the title a month later by signing a joint tenancy with "Rights Of Survivourship" Quickclaim. Now we not longer live together. Is she entitle to just the money she invested, or can she claim half of the proceeds if the house is sold?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi npagan!

Welcome to forums!

As her name is mentioned on the property deed, she is entitled to receive half of the sale proceeds. If you want to remove her name from the property deed, then you will have to contact her and ask her to sign a quit claim deed.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my ex son in law..was having an affair...it led to a divorce..he signed a quitclaim on the house,that they had bought [fianced]...can he come back
and say he want's the house.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi sabotanker,

Once your son-in-law had signed the quitclaim deed and transferred the property to your daughter, he doesn't have any rights to the said property. He cannot claim the property or force your daughter to transfer the property back to him. If he does so, your daughter can take legal actions against him.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was a joint owner on our house and trying to be the better person I quick claim my rights away about 6 yrs. ago. The attorney that represented the other party had put an option for me to recieve some type of compensation. I received nothing to date. This has really been a thorn. I want compensation or to reverse the quick claim.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My dad lives in North Carolina, he moved out of his house he lives in with his wife. She wrote on a piece of paper him giving house and contents to her they went to bank signed and had this notorized does that make it a legal document . he realized he did the wrong thing is he stuck with this decision.

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi tina,

If the paper is signed and notarized, then it can be considered as a valid document. Nevertheless, your dad should contact an attorney and take his/her opinion in this matter.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

south carolina issues you a quit claim deed after one year of the tax sale if the property didnt sale at the tax sale, i have been reselling the properties with out getting the cloud removed and selling them through a quit claim deed am i liable? there are no structers on the properties i buy so no mortgage please help

thank you

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi brian,

If there are no mortgages on the property, then you're not liable. Nevertheless, you should better contact a real estate attorney and take his opinion in this matter once.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Want to make sure property resorts back to grantor upon my death

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Wanda,

You may draft a will in that respect so that the property goes back to the grantor upon your death.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my boyfriend quitclaim his half of some property to his ex,then she quitclaimed his half back...she recorded hers at the time he forgot to record his when he got it back..3yrs ago.. now she says its all hers.. how much time can you wait before recording it..can't he go record it now?/

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi skygirl,

It is always better to record the deed ASAP after it has been signed. You can try recording the deed now. But before doing so, you should consult a real estate attorney in this regard.

Thanks

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