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how long is an unfiled quit deed good? my siblings and I were asked to quit deed our shares of a 'family ranch' to my father to give him power of attorney to use in a legal dispute over the land. the deeds were never filed. it has been 7 years since we did this, but he has not given us back the land in any formal way. have we 'lost' our shares? or is there a time limit on the quit deed if it was never filed.

sara · Posted: Wed Feb 06, 2008 9:17 pm Post subject: RE: unfiled quitclaim deed

Hi inquandry,

Welcome to the forums.

If the deed has not been filed, the quitclaim transfer isn't a valid one. So, you haven't lost the shares.

There is a limit within which anyone going through a quitcliam should file it so that it becomes effective. This time limit varies from state to state. In which state do you live?

Did you have any notary sign the deed? You may not have to do anything legally to get back the property but this time, do get a deed signed by your father and file it at the Registrar of Deeds or the County Recorder's office so that later on you don't come across any disputes over ownership rights on the property.

Take Care

jheard · Posted: Thu Feb 07, 2008 7:03 am Post subject:

I disagree with Sara. The quitclaim deeds are valid, whether they are filed or not. Recording a deed is not required. Recording merely gives other people notice and places your deed in line with others in case there is a conflict.

Also, there is no time limit within which to record a deed; since recording a deed is not necessary.

You should not have given the deeds to your father. You should have given a power of attorney. However, your father simply has to give you back the deeds, or destroy them, and you still have your property interest.

At present, you have no property interest since you quitclaimed them to your father.

Guest

I disagree with jheard. In my state of Illinois a quitclaim deed MUST be filed with the county clerks office. In th ecounty where the property is. The laws vary by state. call your clerks office. Good luck.. you can also have a quitclaim deed reversed..

jheard · Posted: Thu Mar 03, 2011 3:55 pm Post subject:

Annette is correct that all state laws are different. My analysis is based on common law which is the "average" law of all the states. You should always check with a local attorney who can advise how your state and local laws apply to your specific situation.

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