Quit Claim Recording Question

Hi jackrussell,

Notarization is required to validate the transfer of property through a quitclaim deed. Similarly, recording the deed with the county recorder's office is also important as it helps show the transfer of property in the public records. Since both you and your parents signed the quit claim deed and it was notarized, it does have some legal validity. Now, if your parents challenge the new transfer and produce the original deed to prove that the property was actually transferred to them, it could be a problem for you. Otherwise, you don't have any problem in transferring the property to someone else through a new quitclaim deed.

Hey thanks Savior70. I appreciate the response. I don't think they will challenge it, but, they may wonder why I've changed my mind!

i don't know about that "otherwise you won't have any problem" that savior writes about.

the original quit claim deed is valid. you're bordering on fraud, in my opinion, if you try to convey a piece of property that isn't even your own, to another party now - simply because your parents didn't file the original qc deed with the town/county/appropriate recording office.

you need to be most careful with how you proceed. and i agree with you, guest - they will definitely wonder what's up with you. are you on speaking terms?

The first to record their Deed will be the legal owners, but it can get messy, so you should talk to you parents first and ensure they're in sync with you.

It happened to me. I purchased some property in New Mexico for cash from an Investor, the Deed was delivered to me, but I didn't record it right away. Life got in my way so it took about a year before I attempted having it recorded, but the County Recorder wouldn't accept it because somebody had already recorded their Deed for that property. Apparently, the Investor sold it twice. The other folks purchased the property after I purchased it, but they recorded first, so the property was theirs. I didn't purchase Title Insurance when I purchased the property, so I was out of luck. Fortunately for me, the Investor was honest and admitted it was an honest mistake, and refunded my money.

I learned two things:

1. Record Deeds immediately
2. Always buy Title Insurance

thanks for adding information. Do you know who is responsible for recording the deed? The grantor or the grantee?

grantee

>>you're bordering on fraud, in my opinion

It is fraud George, and when it happened to me I was told to contact the Attorney General in New Mexico, file a complaint, and the Attorney General would investigate.

Fortunately for me it was an honest mistake and I didn't have to go through that hassle. But with jackrussel it will be fraud because it's intentional. He really should review what he's doing with his parents.

thanks, raymond. i guess i was too gentle in my analysis and review of the situation. you're clearly correct.

My parents and I are very friendly and absolutely on speaking terms. I don't want to do anything fraudulent...that's the reason I'm checking this out. My parents have the physical deed, live across the country, and are not worried about recording it. I told them that I insist that it be recorded. They say recording it is no big deal. I thought it was something important though, and that if I give someone an interest in my property, it has to be recorded to be official! I just wanted a leg to stand on. Am I making too big of a deal about recording a property?

"friendly and absolutely on speaking terms" somehow doesn't register with "i don't think they will challenge it, but they may wonder why i've changed my mind."

if i were in the unfathomable position that you describe yourself in, i seriously question whether i'd be making those two statements so close to each other in a forum where i was seeking the opinions of others. after all, i might get criticized by someone who'd make fun of me for making two contradictory and inflammatory statements.

yeah, that's me.

Once a deed is signed, notarized, and delivered to the grantee it becomes valid. Recording a deed protects the grantee against later attempted transfers. In your case, have the parents return the deed and destroy it, or better yet, have them execute another quitclaim deed transferring their interest back to you. Then proceed with your second transfer.

not just a lawyer, here, but jheard is a voice of reason and well received.

The deed is being returned to me. They said I can record it myself if it's so important to me that it be done, or I can destroy it and sign it over to whomever I want. I appreciate all of the advice given to me, even if you think I make contradictory remarks. I suppose if you knew me and my parents personally it would make more sense. My apologies.

>>My apologies.

Nobody is getting down on you jackrussel - you sound sincere and I'm sure you're not trying to dup anybody. We're just telling it like it is.

and i'm in agreement with raymond...there's no need to apologize, though i accept it. as he also pointed out, we see contradictory statements and, well, at least i have to say that i jump on them. as you said, jr, if we knew you and your parents...maybe you're right.