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Quit Claim Missing Party

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Ms Lisa

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Post Posted: Sat Nov 14, 2009 6:37 am    Post subject: Quit Claim Missing Party
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How can one go about filing a quit claim if one party cannot be located? My mom divorced my step father in 1973. We have not been able to locate him, through lawyers nor the court. My mom is up in age and would like to have several pieces of property soley in her name and/or in my name. Last we heard, my step father was some place overseas. My mom has been paying the taxes on these property since '73, some of which has his name only and some with his and hers. If she had not, the court would have sold them. I went to the clerk of court and they sent me to records. Records stated they only record the claim and that we needed to hire a lawyer. We don't want to hire a lawyer and want to do this on our own and file with the court. I was also told there is some way to run an ad in the news paper stating a quit claim has been filed, but no one has been able to tell us how to do this. What recourse do we/my mother have without hiring an attorney for something we're hoping we can do on our own? Thank you in advance for any and all replies. We are in Florida.
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smith.sussane




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Post Posted: Sun Nov 15, 2009 10:47 pm    Post subject:
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Hi Ms Lisa!

Welcome to forums!

Your mother can transfer her share of the property to you but she won't be able to transfer your step father's share in your name. If you want your step father's share of the property, then he will have to sign a quitclaim deed in your favor. As you are unable to trace him, it's always better to contact an attorney and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane
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