Posted on: 21st May, 2009 10:06 am
once a quitclaim deed files and transfers title into new owners name,can it be quitclaim back?...Specifically, can the new owner quitclaim the deed back to the original owner without the original owner's acceptance? what are the steps necessary to quitclaim a title back to the original owner?
why oh why would someone acquire a property only to transfer ownership back to the person from whom it was acquired, and especially without the consent/knowledge of that person?
this line of question has come up before, and i fail to see any sensibility to it.
this line of question has come up before, and i fail to see any sensibility to it.
I don't know if laws differ for timeshare deeds compared to property deeds. Could you explain the difference,if there is any?
Hi weez!
Welcome back to forums!
Quitclaim deeds filed at the county recorder's office can be reversed. But when the new owner of the property is transferring it back to the original owner, the original owner has to accept it. While notarizing the deed, the grantee has to be present.
Feel free to ask if you have further queries.
Sussane
Welcome back to forums!
Quitclaim deeds filed at the county recorder's office can be reversed. But when the new owner of the property is transferring it back to the original owner, the original owner has to accept it. While notarizing the deed, the grantee has to be present.
Feel free to ask if you have further queries.
Sussane
why do i keep seeing that "the grantee has to be present" when a quit claim deed is prepared and signed?
i've never heard of that before, sussane. not only that, but if a grantee is in a whole other location (out of state, for instance), how can we expect that person to fly/drive, etc. to sit down for a document that would not require the person's signature?
can you please elaborate? is this just some kind of sarah palin justice? yes, i am chuckling at that.
i've never heard of that before, sussane. not only that, but if a grantee is in a whole other location (out of state, for instance), how can we expect that person to fly/drive, etc. to sit down for a document that would not require the person's signature?
can you please elaborate? is this just some kind of sarah palin justice? yes, i am chuckling at that.
SuSsane,
In most states the grantee does not have to be present in front of the notary, I know, because I've done it. Mr. Akerly, it may be difficult for most people to conceive of a situation in which property would not be wanted. In my case, my brother does not want to keep paying the expenses on his property, has thugs staying over and using the condo as a flophouse, and expects that I should pay his expenses and risk exposure and liability if his "guests" vandalize property or hurt one of the neighbors. In checking with a real estate attorney, he did agree that the situation is highly unusual, but I can reverse the quitclaim, send my brother a certified letter putting him on notice that I am doing so and if he finds this objectionable, he can quit claim it back, but if he does so, I will either wholesale it to someone who will evict him, or evict him myself immediately, and those are his choices. The attorney said it would probably end there, but if not, it may have to go to court and be heard because some kind of acceptance has to take place. He said it was conceivable that if someone that owned an albatross piece of land with toxic waste wanted to pick a name out of the phone book and quit claim the property, they could, but it wouldn't stick. However, it would be a mess and have to be battled out in court.
In most states the grantee does not have to be present in front of the notary, I know, because I've done it. Mr. Akerly, it may be difficult for most people to conceive of a situation in which property would not be wanted. In my case, my brother does not want to keep paying the expenses on his property, has thugs staying over and using the condo as a flophouse, and expects that I should pay his expenses and risk exposure and liability if his "guests" vandalize property or hurt one of the neighbors. In checking with a real estate attorney, he did agree that the situation is highly unusual, but I can reverse the quitclaim, send my brother a certified letter putting him on notice that I am doing so and if he finds this objectionable, he can quit claim it back, but if he does so, I will either wholesale it to someone who will evict him, or evict him myself immediately, and those are his choices. The attorney said it would probably end there, but if not, it may have to go to court and be heard because some kind of acceptance has to take place. He said it was conceivable that if someone that owned an albatross piece of land with toxic waste wanted to pick a name out of the phone book and quit claim the property, they could, but it wouldn't stick. However, it would be a mess and have to be battled out in court.
thank you mary for your explanation. i suppose unless and until we see a situation such as what you've described, we are isolated in our own little worlds.
i understand what you were driving at.
i understand what you were driving at.
Once the title is out of your name,especially timeshare deeds, what can you do to prevent the deed from ever being quitclaimed back to you?
Hi,
To weez!
Welcome to forums!
You need to consult an attorney and take his opinion in this regard. He will be the best person to guide you in this regard.
To George,
"why do i keep seeing that "the grantee has to be present" when a quit claim deed is prepared and signed?
i've never heard of that before, sussane. not only that, but if a grantee is in a whole other location (out of state, for instance), how can we expect that person to fly/drive, etc. to sit down for a document that would not require the person's signature?
can you please elaborate?"
What I wanted to say by "the grantee has to be present" is that it would be better if the grantee is present so that he/she can check out the terms and conditions of the deed so that later on he/she is not involved in a legal issue regarding the property. As far as flying or driving is concerned, that is a different issue altogether.
Sussane
To weez!
Welcome to forums!
You need to consult an attorney and take his opinion in this regard. He will be the best person to guide you in this regard.
To George,
"why do i keep seeing that "the grantee has to be present" when a quit claim deed is prepared and signed?
i've never heard of that before, sussane. not only that, but if a grantee is in a whole other location (out of state, for instance), how can we expect that person to fly/drive, etc. to sit down for a document that would not require the person's signature?
can you please elaborate?"
What I wanted to say by "the grantee has to be present" is that it would be better if the grantee is present so that he/she can check out the terms and conditions of the deed so that later on he/she is not involved in a legal issue regarding the property. As far as flying or driving is concerned, that is a different issue altogether.
Sussane
okay, thanks sussane...i understand your theory now, at least.
i guess i've just never experienced some of the far-fetched things i've read about on these forums, such as a quit claim deed naming someone as grantee who has no knowledge of the transfer and has no desire to be a grantee. my take on that sort of thing is this: who in their right mind would consort to such a thing?
we have discussions here on quit claims from people who think that relinquishing title will alleviate responsibility for mortgages, people who issue quit claims to other family members who then have feelings of remorse and wish to cancel it.
honestly, i don't understand where all this comes from, but i do recognize that this is a whole new era and that what we've been accustomed to no longer applies in many cases.
again, thanks for the explanation.
i guess i've just never experienced some of the far-fetched things i've read about on these forums, such as a quit claim deed naming someone as grantee who has no knowledge of the transfer and has no desire to be a grantee. my take on that sort of thing is this: who in their right mind would consort to such a thing?
we have discussions here on quit claims from people who think that relinquishing title will alleviate responsibility for mortgages, people who issue quit claims to other family members who then have feelings of remorse and wish to cancel it.
honestly, i don't understand where all this comes from, but i do recognize that this is a whole new era and that what we've been accustomed to no longer applies in many cases.
again, thanks for the explanation.