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Quitclaim Deed: Document transferring property-interest

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fetyo

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PostPosted: Tue Dec 19, 2006 5:48 pm    Post subject:

Hi Mary,

In my opinion you should consult an attorney in this matter. Why I am saying this is because how the deed is framed significantly depends on the prevalent laws in any particular state.

And an attorney would be in the best position to provide you the details in this regard.
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Mini Profile  helping_user
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PostPosted: Wed Dec 20, 2006 3:05 am    Post subject: RE: how to word the quit claim deed

I agree with you Fetyo. A quit claim deed should be drafted by an attorney as he is aware of the legal language involved in the process. And, its always better to consult a legal person.

However, you may take some help from standard quit claim deed form available at "http://www.wsba.org/info/x-12c.pdf".

Thanks
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claudette

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PostPosted: Mon Dec 25, 2006 9:57 am    Post subject: quick deed

hi I transfer my house to a friend but want my house back its possible ???
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claudette

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PostPosted: Mon Dec 25, 2006 9:59 am    Post subject: quick deed

hi please tell me about quick-deed thanks
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Mini Profile  adonis
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PostPosted: Mon Dec 25, 2006 8:16 pm    Post subject:

Welcome Claudette.

It's not impossible if your friend is willing to give the property back to you. But in general, once you sign a quit claim or any other deed in order to convey interest in property, it isn't easy to cancel it. It will mainly depend on what your friend actually wants to do.

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Mini Profile  sara
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PostPosted: Mon Dec 25, 2006 8:25 pm    Post subject: RE: what is quit claim deed?

Hi Claudette,

A quit claim deed is a deed that helps to transfer interest in the property from one person (grantor) to another (grantee) without stating whether the person transferring the property is its legal owner.

The deed provides no guarantee as to whether anyone can claim his or her rights on the property. It simply states that property is transferred.

For more details, you may refer to our section on Quit Claim Deed.

Thanks,

Sara
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cw

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PostPosted: Wed Dec 27, 2006 12:07 pm    Post subject: Living Trust

I Quick Claim my property to my Living Trust the attorney said I could give my Trust any name. At the time I though it would be a good ideal since I was having trouble with home invading and personal information missing. I am afraid if something happen to me my family may have trouble getting my property Can I Quick Claim the property back to the my name or do I need to get an attorney since the form need to be notary.
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Mini Profile  carnahandavid
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PostPosted: Wed Dec 27, 2006 5:40 pm    Post subject:

Hi Cw,

Regarding your doubt: "I am afraid if something happen to me my family may have trouble getting my property", I do not think that problems will arise in case something unfortunate happens to you and the property remains in the living trust.

If the heirs are clearly mentioned in the trust then there will not be any legal difficulty in the transfer of property at such time.

David
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Mini Profile  jameshogg
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PostPosted: Wed Dec 27, 2006 10:33 pm    Post subject: RE: quit claim property to trust

Hi Cw,

If the names of the heirs are stated on the trust papers, then they won't have problems in getting the property. If you wish to get back the property in your name from the trust, just for the sake of your heirs having problems, then you need not go for it.

Thanks,
James.
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Rebecca J

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PostPosted: Thu Dec 28, 2006 7:40 am    Post subject: Quitclaim

I was divorced 7 years ago and kept the house in the settlement. There is still a mortage on the home. The divorce decree states that if within that 7 years I defaulted on the mortgage loan, my ex husband had the option to take the house back or sell it and split the monies. If I did not, he was to sign a QuitClaim Deed My 7 years is up in March. Do I have to refinance? If I do not, does he still have any claim if I do choose to sell my home? Do I have to consult an attorney or can we just draw up a QuitClaim ourselves and have it notarized?
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Mini Profile  blue
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PostPosted: Thu Dec 28, 2006 12:33 pm    Post subject:

Hi Rebecca,

Quote:
If I did not, he was to sign a QuitClaim Deed My 7 years is up in March. Do I have to refinance?
If your ex husband was also a co-signer for the mortgage then he may require you to refinance it in your own name after he quit claims the home to you.

The other thing you have asked:
Quote:
If I do not, does he still have any claim if I do choose to sell my home?
After he quit claims the home in your name he will lose his rights over the house and you can very well sell the home. But in that case the mortgage dues will have to be repaid back out of the sale proceeds.

Thanks
Blue

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Mini Profile  colin
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PostPosted: Thu Dec 28, 2006 12:42 pm    Post subject:

Rebecca,

You can make out a quit claim deed yourself for the transfer but I would advice that you do consult a real estate attorney for the transfer of the home in your name.

As it is always better to get legal advice before any property transaction is carried through.

Colin
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Mini Profile  Samantha
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PostPosted: Thu Dec 28, 2006 11:19 pm    Post subject: RE:

Hi Rebecca,

Welcome to the forum.

If you have not defaulted in these 7 years, then as per the divorce decree, your ex-husband should sign a quit claim deed and hand over his interest in property to you. This is done to ensure that he does not claim any share of interest from your home in future.
Quote:

Do I have to refinance?

You need not do a refinance. It is required only if your ex-husband is still on the loan and you want to remove his name from the agreement.

Hope the information will help you.

God bless you.

Samantha

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Mini Profile  helping_user
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PostPosted: Thu Dec 28, 2006 11:50 pm    Post subject: RE:

Hi Rebecca,

Quote:
Do I have to consult an attorney or can we just draw up a QuitClaim ourselves and have it notarized?


It is better to consult an attorney while drawing up a quit claim deed.

Quote:
If I do not, does he still have any claim if I do choose to sell my home?


If you wish to sell the property, you need to make the title free of the mortgage by paying off the loan.

Thanks
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Bill Holt

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PostPosted: Fri Dec 29, 2006 9:08 am    Post subject: Ladybird Deed

Is the Ladybird Deed recognized in Michigan?
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