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Quit Claim Deed: Document transferring property-interest

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Angel

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PostPosted: Fri Apr 14, 2006 12:07 pm    Post subject:

Hi Maria,

Actually these sorts of things should be taken care of at the time of divorce and shouldn't be left over.

As you know that there can be problems afterwards and you never know what is going to happen in future. But it's not too late yet I believe.

As Blue suggested, the deed should be processed as per the law of the country or the state where it is located. Since your grandfather is in a different country, so notarization can be done by an authorized notary of that country.

Always consult with your local attorney to have a proper guidance.

Best wishes.

Angel
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EnergizerBunny

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PostPosted: Tue Apr 18, 2006 6:24 pm    Post subject: quit claim deed

I signed a quit claim deed to my ex six years ago. The mortgage company has not removed my name and the property is now in his name only. We have both tried to remove my name. Now he has remarried and we don't know what else to do to get them to remove my name and add hers. Any suggestions? Possibly get him to add her to the quit claim deed?
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Mini Profile  Caron
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PostPosted: Tue Apr 18, 2006 9:52 pm    Post subject: RE:

Hi,

As far as my knowledge says, when you sign a quit claim deed you are actually transferring a share of your property interest and not the title to the property. Probably that is the reason why the mortgage company hasn't removed your name from the title.

The best thing that you can do is to talk to the mortgage company and sign a title deed through which you can remove your name and add your ex's present wife's name to the title. Adding her to the quit claim deed will give her a share of the property which she cannot own.

Thanks,

Caron.
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Lori

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PostPosted: Fri Apr 21, 2006 8:05 am    Post subject: Quit Claim Deed

If I signed a quit claim deed and it was never recorded is it still valid? and is there a specific time frame to have it recorded. Is there anyway to reverse a quit claim deed?
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Mini Profile  adonis
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PostPosted: Fri Apr 21, 2006 8:18 am    Post subject: RE

Hi lori.

Let me answer your queries one by one.

Quote:
If I signed a quit claim deed and it was never recorded is it still valid? and is there a specific time frame to have it recorded.


Yes, the deed is still valid despite being not recorded. There is no such specific time frame for it to get it recorded. Its always advisable to record it as promptly as possible. If you fail to record it then it can create some problem for you.

It is not easy to reverse the deed once recorded. You need to prove that it was signed under threat or duress.

Thanks

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Lori

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PostPosted: Fri Apr 21, 2006 8:28 am    Post subject: quit claim deed

I have a mortgage on a property, and my ex BF wanted me to do a quit claim deed to his business so that he can show assets and obtain a line of credit for his business. He never received the line of credit, and now that we are no longer dealing with each other, I have asked him to put the property up for sale (I moved back to NY)he is in GA. He is now using the quit claim deed to "sell the property". Is that legal and will he receive any monies at the time of sale after the mortgage is satisfied? Which is why I want to retract the quit claim deed.
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Mini Profile  adonis
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PostPosted: Fri Apr 21, 2006 8:39 am    Post subject: RE

I have some confusions in my mind. Correct me if I am wrong.

You are saying that thhe property was quit claimed to your boyfriend and as the relation is no more between you people so you want that property back.

If this is correct, then you can take the property back from him through the deed and there are few other way also.

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Lori

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PostPosted: Fri Apr 21, 2006 8:44 am    Post subject: quit claim deed

He will not deed it back to me voluntarily, and if the property sells, will he be entitled to any proceeds? Since he obtained the quit claim deed under false pretenses
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Mini Profile  adonis
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PostPosted: Fri Apr 21, 2006 8:56 am    Post subject: RE

Quote:
He will not deed it back to me voluntarily, and if the property sells, will he be entitled to any proceeds?


On this, yes as he has ownership now.

Its tough to get the property back once its has been quit claimed deed.

The only way is if you can prove that transfer is invalid say for example because you signed the deed under some threats or other extreme pressure, or you signed it due to some lies the grantee told you. To invalidate this transfer you needs some lawyers assistance, but this can be bit expensive and chances of going into your favour is also less.

But if this can be proved then the guilty person has to face 10yrs of prisonment and a fine up to $20,000, a $500 payment to a victims fund, all the court costs, and $100 for DNA profiling. Along with it, court may order restitution up to double the value of the loss.

Hope I have been able to help you.

Thanks

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son

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PostPosted: Sat Apr 22, 2006 12:01 pm    Post subject: quick deed

my mother wants to leave her house to me her son. she also has a daughter that she has disowned. so if we do a quick deed will the house stay in my mothers name untill she passes. then just go straight to me with out going through probate.
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Julia

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PostPosted: Sat Apr 22, 2006 4:45 pm    Post subject: Quit claim deed

My mother has done a quit claim on her property to myself and my two siblings. One of my siblings owes her a large sum of money and it is unlikley they will pay it back. What happens (whem my mom is deceased)to the quit claim when one of three parties has an unpaid debt to the person that did the quit claim deed?
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Mini Profile  jerry
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PostPosted: Sat Apr 22, 2006 7:20 pm    Post subject: RE:

Hi son,

If the property is a living trust or it is jointly owned with the right of survivorship, then only probate can be avoided. With a quit claim deed, your mother can only give you a share of the interest in the property but your name does not appear in the title. For that she can sign a title deed to give you ownership rights or if she is now the owner, she can make a will so that after she dies, you become the owner.

This is done in several states where you don't need a probate for such transfers. But in some states, even with a valid will, the property may not be automatically transferred to the survivor, and in that case, a separate probate is required.

So you need to consult a real estate attorney and discuss the matter as soon as possible. He will give you an idea about the laws on probate in your state.

Thanks,
Jerry.
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Mini Profile  Caron
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PostPosted: Sat Apr 22, 2006 7:27 pm    Post subject: RE:

Hi Julia,

I don't think that it will affect the deed if its not a secured debt. Tell me is the debt against your property? Then that person may have problems in getting his name on the title. But he can atleast retain his share in the property interest with the quit claim deed.

Thanks,

Caron.
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Sheri

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PostPosted: Mon Apr 24, 2006 12:48 pm    Post subject: quick claim over a timeshare

Can I quick claim over a timeshare bought with my boyfriend? I have not paid, used or plan to use it. He has been making all the payments except for $400 that I paid up front. In order to remove my name from all dept owned, will a quick claim work? Can he sue me for half that he paid & i didnt?
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Rhonda

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PostPosted: Mon Apr 24, 2006 12:55 pm    Post subject:

Hi Sheri,

You can quit claim the property and remove your name but I think that has to be agreed by your boyfriend too.

The mortgage will still continue to be in your name.

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