Quit Claim---> new deed of trust?

Hi jheard,

Sorry- haven't been back for a while. Thanks for the reply and suggestions.

Here's the update: We went to the recorder's office and got the scoop. 1) Preliminary Change of Ownership form, then 2) record new grant deed.

I misspoke about taking someone off the deed-- thanks for the clarification. There will in fact be a new deed.

I'll call the lender about written permission. Best to cover all bases.

Much appreciated.

Jeff

If anyone is still following this thread and could help with one other question I'd appreciate it.

So my girlfriend consulted with an attorney today. Came back with a new grant deed which states:

"For a valuable consideration, receipt of which is hereby acknowledged, A grants to B the following real property..."

Is this correct? The current deed states that A and B own the property as tenants in common. Should the new deed say something like "A grants to B 50% of the following real property..."?

The attorney assures us that the language he used is fine. But I've been told otherwise. Any thoughts? Thanks again.

Hello Jeff,

I think it is important to state how much interest in the property you are granting to someone. So, logically it should be stated.

But since it is a legal issue, I think it will be better if you consult an attorney and take his advice to avoid further complications in future.

Hi Jenkin7,

Thanks for the feedback. We have consulted with an attorney who drew up a grant deed which states "A grants to B,", not "A grants to B her 50% share of the property."

The attorney said that "A grants to B the following real property.." implies that A is giving up her interest in the property and that stating the percentage is unnecessary. Just seeking confirmation or clarification.

I apologize if this thread is getting tedious, and appreciate the help.

Just a quick explanation:

While I respect attorneys, they are still human and make mistakes. I learned this the hard way a couple years ago when my grandfather passed away, and more recently when the company I work for was hit with a lawsuit.

I suppose there is recourse if the attorney errs (malpractice, etc.), but I think it's wise to do as much research as possible beforehand to avoid those future issues.

Thanks again.

Hello Jeff,

I think your attorney is correct. Since he always deals with such legal issues, you can rely on his advice.

If you say "A grants to B the following real property", this means that A is granting to B whatever interest she has in the property. This is perfectly all right. Don't worry.

Feel free to ask if you have any further query.

Thank you, jenkin7. It helps to run things like this past several people and I appreciate your comments.

Perhaps this situation is similar to the language on a quit claim: from various posts here and other examples I've seen, it's always "A.... quit claims to B," not "A quit claims his/her 25% of the property..."

Okay, I think I'm ready to move on :o) Thanks to everyone for all the help.

Hi Jeff,

You have said "I apologize if this thread is getting tedious,". So first of all I would like to say that you can ask as many questions as you wish. As a community we are here to try to help people out from their problems.

When I first came to this community, I found this excellent community who are always ready to help people out. So as I got help from this community I joined this community and try to help people as much as I can. So in future, I hope you too can be a part of this community and will try to help people with your knowledge and personal experience.:)

I agree with Jenkin above. Having years of experience, the legal professionals are most likely to be correct and as such you can relay on them.

Thanks,
Larry

Hi Larry,

Thank you for the warm welcome and also for the help you and so many others provide here. I've learned a great deal in the short time I've been posting and reading previous posts.

I also agree with you on the wonderful community here. I'm sure we've all visited other forums where questions are sometimes ignored or given responses like "Do a search on the forum" or simply "Call an attorney."

Yes, sometimes people ask questions that have been asked many times before, but sometimes you feel like your question has slightly different variables and it's great to get feedback from knowledgeable posters.

In other words, thanks to everyone involved on this site. I've referred many friends here, and I hope to someday know enough to reply to questions, not just ask them :)

Hello Jeff,

Thanks for your appreciation. :)

Even I found that when I first joined the community. It is really interesting to visit and participate in this forum.

It is not only about asking questions and replying them but here you may also share your personal financial experiences. At least, that's what I did initially and with time, I could learn so much from the posters here. Now it isn't tough to advise or guide people like me who're in financial troubles.

Hello my mother passed sep42010. Her church recorded a quit claim on her house sep 10,2010. They say she gave the church her house. We can not find the original quitclaim deed. What we were able to find was a deed that was recorded in Los Angles recorders office. On the deed It appears to not be my mothers signature plus the notary stamp does not appear to be an original stamp. How can I tell if the document that was recorded is not a forged
document.

You my friend need to seek an attorney out on this, and fast. You can challenge the deed, and if found to be invalid, it can be forced off of record by a judge, but this is truly the place to have an experienced attorney involved. Call one immediately to stop any issues as soon as you can.