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Quit claim deed to Warranty Deed

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mchepperson

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Post Posted: Thu Sep 22, 2011 2:00 pm    Post subject: Quit claim deed to Warranty Deed
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My 2 sisters and I inherited the family home in ALABAMA in equal shares.
One sister was granted a life estate with the contingency that the 1 sister with the life estate pays all taxes, fees, up-keep, etc. on the house and property. Well, she didn’t. The house is in “almost” condemned status and she allowed the house to be put up for auction for delinquent Fire Dues. The Fire Dept actually ended up with a deed to the property.

I went to the Fire Dept and purchased it back from them for the amount they were owed plus their additional costs. The Fire Dept transferred the property back to all 3 of us sisters by Quit Claim Deed but does not mention the “Life Estate” for the 1 sister.

Can I file for a warranty deed in just my name and the sister that did not have a life estate? If I have to include all 3 names on the “warranty deed”, do I have to put back the 1 sister’s “life estate”?

In addition, will I have to pay off the other 2 liens the sister that had the life estate caused to be placed on the property prior to the Fire Dept Quit Claim deed? (The 2 liens are court ordered and are from a 3rd party collection company).

Failing all else, can the fire dept VOID the Quit Claim Deed they previously prepared and Quit claim it back to me and my other sister?

(We have to find a way to stop liens from being placed on the property due to 1 sister’s poor choices and money matters.)
As you can tell, I need direction. Thanks

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smith.sussane




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Post Posted: Thu Sep 22, 2011 8:55 pm    Post subject:
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Hi mchepperson!

Welcome to forums!

It is not mandatory for you to give life estate rights to one of your sisters. In order to file a warranty deed, you need to contact a real estate attorney and take his help in this matter. As far as other liens are considered, you need to pay it off or else, the the lien holder may take legal actions against all the owners of the property.

Feel free to ask if you've further queries.

Sussane
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