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Is Quit Claim deed the right way to correct a warranty deed

Posted on: 03rd Dec, 2006 04:10 pm
The warranty deed was made out wrong when me & my SO bought our house. It was supposed to be \"joint tenants with right of suvivorship\" but was \"tenants in common\". The attorney said she has corrected it by Quit-Claim deed from us as Grantor to us as Grantee. Is this the right way to go?
hi mary,

i am not sure as to whether a quit claim deed can be used to correct some other deed. but from my knowledge, i can say that whenever there is an error in a deed, it is eliminated by preparing a fresh deed with the right information.

thanks,

sara
Posted on: 03rd Dec, 2006 07:16 pm
The only way to correct a deed is to record a new deed. This deed is known as the deed of correction.
Posted on: 03rd Dec, 2006 07:33 pm
Hi Marygee,

There are different ways of correcting a deed. You can either get a fresh warranty deed prepared by the attorney or else, you can use a quit claim deed. Your attorney is correct. You can go by this method of removing error in the deed.

Thanks
Posted on: 03rd Dec, 2006 07:56 pm
What happen if a court order document was file to force the sale of a home. What steps are involved.
Posted on: 06th Dec, 2006 09:13 am
Hi Tee,

A co-owner of the house can file a lawsuit for the sale of the jointly held property which is known as partition lawsuit.

The court then orders the sale of the property and the returns will be divided out of it between the co-owners.
Posted on: 06th Dec, 2006 09:34 am
Thanks for responding. What if the other party refuses to sale? What happens and how long is the whole process.
Posted on: 06th Dec, 2006 10:00 am
Hi Tee,

If a co-owner files for a partition lawsuit then the court will divide the property even if the other co-owner does not want it to be divided.

Let me also tell you about the process. You will have to file a complaint in the court, after which the court will issue a summons; copy of this summons will be served on the other co-owners. You will also have to file a notice of pending action and get a property appraisal.

The court will give the judgment for the sale of the property and division of the proceeds. This judgment is called the interlocutory judgment of partition for sale.

After this the next step will be to ask the court to appoint a real estate professional for the sale of the property, this sale will have to be approved by the court.

If it is approved then the court will provide an order approving the sale and also order distribution of the sale proceeds.

Frol
Posted on: 06th Dec, 2006 10:24 am
ONCE THE SUMMONS IS ISSUE CAN THE OTHER PARTY DECIDE TO BUY THE PROPERTY? IF SO HOW IS IT DONE?
Posted on: 06th Dec, 2006 02:45 pm
"ONCE THE SUMMONS IS ISSUE CAN THE OTHER PARTY DECIDE TO BUY THE PROPERTY? IF SO HOW IS IT DONE?"
At the time the court approved real estate personnel offers the house for sale in the open market, you can bid for the house. If your bid is higher than the other bidders then it will be given to you.

Or it can also happen that the judge allows a continuance for you as one of the co-owners by buying out the other co-owners, if you apply as such in your law suit.
Posted on: 06th Dec, 2006 04:00 pm
Hi Tee Tee,

It may so happen that a co-owner of a property wishes to sell it at the disagreement of the other co-owner. The former may file a partition lawsuit at the court to force the sale of the property. It is up to the judge to grant or deny the partition lawsuit. In many cases, the judge allows for a 30 day period so that the co-owners can resolve their differences within that period. Otherwise, the judge orders a forced sale of the property with the sale proceeds being distributed among the co-owners.

Most partition lawsuits regarding division of property are granted by the court. It is not that easy to defend the lawsuit unless under some extraordinary circumstances. The best way to avoid such a lawsuit is to set up an agreement with the co-owner (who wants to sell property), sell the property and then divide the total proceeds thereby saving the court and attorney fees.

Hope you will be benefited from this information. For further knowledge, you can go through a previous thread where there is a discussion on Partition Lawsuit .

God bless you.

Samantha
Posted on: 06th Dec, 2006 11:03 pm
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