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Questions and Professional Answers

Questions and Professional Answers

  • Quick Claim Deeds

    I have quick claimed to a roommate my property onto my deed. I would like to know if there is a way I can without her involvement have her removed from the deed. I purchased the property and put her on the deed in the event anything would happen to me. Is is possible that the quick claim can be revoked?
    • Re: Quit Claim Deeds

      This question should be a warning to all against attempting to protect real estate by giving an interest to someone else. Unless the person is your spouse (and, in certain circumstances, even if the person is your spouse), this will not protect your interest in the property, because a judgment creditor (someone who has a court judgment against you) still can reach your interest in the property, even though the interest you gave to the other person is left intact. The result may be that the judgment creditor and the person to whom you quit claimed the interest now will own your property.A quit claim deed is effective to convey an interest in property, once it is executed, value has been given for it, and the quit claim deed has been delivered (given) to the person who gave the value.If the quit claim deed has been recorded (that is, filed with the Register of Deeds for the county in which the property is located), then the roommate's interest in the property can only be removed with the consent of the roommate. The roommate could convey her interest to you by a quit claim deed, if no other title changes have occurred (that is, if she has not transferred her interest to another person and if she has not allowed any liens to be imposed on her interest in the property). If you have not recorded the deed and have not given the deed to the roommate, then the roomate might not have received an interest in the property. Therefore, the quit claim deed would not be effective.If the roommate did not give any value for the interest in the property, then you might be able to remove her interest by a lawsuit; however, the requirements for such a lawsuit are rather complex, and it is not possible to address them in this response.Facts and circumstances other than those indicated in your inquiry will affect your legal rights and the legal rights of your roommate. You should consult an attorney in your area to discuss all facts which relate to your real estate, so that the attorney can consider those facts and provide legal advice. This response does not constitute legal advice and should not be considered to be legal advice. No attorney/client relationship is created as result of this response.

      Stephen Scapelliti
      Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.
      39395 W. Twelve Mile Road, Suite 200

      Stephen Scapelliti
      Law Office of Stephen Scapelliti, P.C.
      35019 Quaker Way
      Farmington Hills, MI 48331
  • quick claim deed

    I have been asked to sign a quick claim deed that put property in my wife name only. Question:If she wills the same property to me upon her death, does the will override the quick claim deed?
    • Re: quick claim deed

      The answer is more "yes" than "no," but an explanation will help you understand what happens and why.First, the term for the deed is "QUITCLAIM" not "quick claim." It simply means that you surrender, or "quit," your claim to the property, if any, to the grantee, without any warranty that you had any interest to convey in the first place. Thus, it differs from a "grant deed" in which the grantor warrants good title.If you quitclaim your interest, let's say a community property interest, to your wife, you give up your interest. This is not uncommon between married couples, but you should understand why you are doing it and have a valid reason.IF you wife makes a will naming you as heir (technically, "devisee" if it is real property) of the property, and IF you outlive your wife, and IF she does not change her will before she dies, you will get the property back.It is technically incorrect to say that the will overrides the quitclaim deed. It doesn't. Dead people can't own property. Upon their death, the property passes either by will or intestate succession to someone else. Trusts are also used to pass property upon death. The point is that however someone obtains property -- by quitclaim deed, by grant deed, by inheritance, or by creating it (e.g. painting a valuable painting), the property will become someone else's upon death.Note, however, that a will can be changed by its maker at any time prior to death, whereas once a deed of any kind is executed, delivered and recorded, it is pretty much beyond the reach of the maker.My advice is that you see an attorney who is an estate planning specialist. Unless you and your wife are on very good terms and there is no doubt in your mind that you will remain married the rest of your lives, you should have your OWN legal advisor.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318
  • Quick Claim

    I have a quick claim deed that is notorized and has one witness. My question is.... On the quick claim there is room for 2 witnesses. Is this Quick Claim legal and can I take ownership of the property?
    • Re: Quick Claim

      Two witnesses are needed.West's F.S.A. 689.01Title XL. Real and Personal Property (Chapters 689-724) Chapter 689. Conveyances of Land and Declarations of Trust (Refs & Annos)689.01. How real estate conveyedNo estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may convey in accordance with the provisions of this section or in accordance with the provisions of ss. 692.01 and 692.02.

      Randall Gilbert
      Gilbert & Kaufman P.A.
      1720 Harrison Street, Penthouse B
      Hollywood, FL 33020
  • Quick Claim Deeds

    My husband filled out a quick claim deed in order to add me to the house title. The quick claim deed has been noterized but not filed. He passed away on 04-17-2009. My question is can I still file the quick claim deed or do I have to go through probate and if I go through probate is it best that I keep paying the credit cards and loans that are in his name?
    • Re: Quick Claim Deeds

      File the deed promptly. Whether or not a probate is required depends upon the wording of the deed. Whether or not the debts are required to be paid depends upon the kinds of debts and when they were incurred. Get professional advice from an estate lawyer in your area. We do not have enough required information to fully advise you.

      Charles Aspinwall
      Charles S. Aspinwall, J.D., LLC
      PO Bx 984
      Los Lunas, NM 87031-0984
  • Quick Claim Signed At Divorce

    In 1999 I received my divorce in AZ at that time I signed a quick claim deed for my property in Oklahoma. I just received a call from my ex-spouse saying that the QC Deed was not done correctly and he can not refinance the property. Should I see an Attorney before signing the second quick claim deed? What happens if I don't sign?
    • Re: Quick Claim Signed At Divorce

      Based on your question, it sounds like you intended to give up any interest you had in the property as part of the divorce. Signing a new Quit Claim Deed will release your interest in the property as of the date of the new QCD. Unless that is not what you want to do, I don't think you need to see an attorney. Just make sure the new QCD is correct in all the particulars (i.e., spelling of your name and your ex's and the property description) before you sign it. Also, make sure your ex has been paying property taxes, etc. since the time you thought you were no longer on title. If you never intended to give up your interest in the property you should talk to an attorney. Please feel free to contact me if thats what you want.I hope this helps.

      Sandee Chadwick
      5850 Canoga Avenue, Suite 400
      Woodland Hills, CA 91367
    • Re: Quick Claim Signed At Divorce

      Here we are, California lawyers trying to advise you on Oklahoma property divided in an Arizona divorce. You need Oklahoma advice, but my guess is that you should have your signature NOTARIZED or the quitclaim deed cannot be recorded.

      Bryan Whipple
      Bryan R. R. Whipple, Attorney at Law
      P O Box 318
      Tomales, CA 94971-0318
  • Quick-Claim Deed

    I'm interested in selling my house and trying to avoid Realtors. I have a buyer for my home. This person suggested a 'Quick-Claim' Deed. What is a 'Quick-Claim' deed? Will this release me from all financial responsibilities with my mortgage and the property? Or should I go through my mortgage company to sell my house to the buyer?Thank You, Brenda
    • Re: Quick-Claim Deed

      You are headed for disaster. If you don't know what a QUIT (not Quick) Claim deed is, how on earth will you know all of the other facets and disclosures involved in the sale of real property.The lender has no interest in helping you sell your home. Why would they go to such work and possible liablility without being compensated.If you have a buyer, that is fine. You need to go to a real estate attorney in your area to have him or her draft a contract between you and the buyer, and guide you as to disclosures that are required by state law. Otherwise, I guarantee that you will be in a lawsuit or will have been cheated out of some of your equity.

      Ken Koenen
      Koenen & Tokunaga, P.C.
      5776 Stoneridge Mall Rd., Suite 350
      Pleasanton, CA 94588
    • Re: Quick-Claim Deed

      a quit claim deed is a deed that offers only the interest you actually have within the property, and absolutely does not guarantee marketable title to the buyer. it is the "weakest" title a person can have on a property more or less. as far as your mortgage company goes, i would need additional facts, especially in respect to whether or not the mortgage is fully assumable or not. this is very important regarding your liability on future payments. but to make a long story short, i would need much more information from you regarding your mortgage, the buyer, why you are choosing to sell the home on your own and thru a quit claim deed, be able to assist you better. i would however strongly suggest going thru an attorney or realtor in selling your home from the facts given so far just to ensure you do not being "ripped off" or on the losing end of a lawsuit down the road if you do not make all mandatory disclosures, warranties, attorney might be a cheaper option if you just want a "legal land sales contract" drawn up to protect your interests and possible liability. this could be a much cheaper option that paying realtor sales commissions if that is your main concern in this transaction. if you would like further assistance and/or legal representation in this transaction, email my office directly with more details and let me know how you would like to proceed. thanks for your question, Brenda.

      H.M. Torrey
      The Law Offices of H.M. Torrey
      800 West El Camino Real, Suite 180
      Mountain View, CA 94040
    • Re: Quick-Claim Deed

      Stop! Do not quit claim title to your house (that is the correct term, not "quick claim"). If you give a deed to a seller without him first having paid off your mortgage with either cash or a new loan, you will still be responsible for the mortgage and no longer own your house. Selling a house responsibly and with the requisite protection for yourself involves much more than simply giving a dded--there should be a title policy, taxes and insurance need to be taken into consideration, and a host of other issues; if you do not want to use a realtor, at least find an escrow scompany to held you through the transaction.

      Judith Deming
      Deming & Associates
      5334 E. Chapman Avenue, Suite 100
      Orange, CA 932869
  • quick deeded property

    A close family friend is willing to quick claim deed her home to me to avoid losing the home and ruining her credit. Does her quick claim deed to me alleviate her financial responsibility as I will assume the remaining loan balance? Is there a procedure in place where I would have to qualify with her current mortgage holder to abotain the property?
    • Re: quick deeded property

      Quit claiming the deed will not relieve her of any financial responsbility on the mortgage. You would have to work out a loan assumption with the bank.I would suggest that you consult with an attorney before accepting this property. You do not know what other liens might be on the property. For example, have the real estate taxes been fully paid.I am not sure that the quit claim deed will accomplish what either one of you want to accomplish.

      Elizabeth Schmitz
      Elizabeth S. Schmitz Attorney at Law
      1900 Polaris Parkway Suite 450
      Columbus, OH 43240
  • Quick Claim Deeds

    If property is deeded to someone else via Quick Claim Deed, does it release the person, signing over the property, financial responsibility.In other words, is the new deed holder responsible for any remaining mortgage or liability pertainin to the property?
    • Re: Quick Claim Deeds

      A quit claim deed releases a person's interest in a piece of property. A quit claim deed does not terminate mortgages or other obligations that are secured by the property. Before you sign a deed, see an attorney.

      John Jay
      John W. Jay, Attorney at Law
      1 Park Plaza, Suite 600
      Irvine, CA 92164
    • Re: Quick Claim Deeds

      These are actually two different questions. But the answer to both is "NO".I must assume that you already know the answer to the first question. After all, if it were possible to simply QUITCLAIM a property away in order release one of financial responsibility, then foreclosures would be rare events. In fact, the only way to release oneself of one's financial oblgiation (i.e. a mortgage secured by the property) is to pay off the mortgage, refinance (and obtain a new mortgage), or obtain the lender's agreement to replace the responsible party with someone else (a rare event, as there is no point in the lender agreeing to do this). In short, there is likely no reason why you would quitclaim the property away, because you are still obligated to pay the mortgage. One has nothing to do with the other.The answer to the second question is also "NO". And this is because as between you and the bank (that loaned the money per the note that is secured by the house), the "new deed holder" is a stranger. The "new deed holder" is no less obligated to pay the bank than the bank is entitled to pursue him/her. They are both strangers and neither owe each other anything (with the exception that if the bank forecloses, the "new deed holder" is entitled to receive notice of the foreclosure).In short, do not quitclaim the property away without obtaining a release from the bank of your obligations under the note which is secured with a deed of trust. Only in a very rare situation can I imagine that the bank would agree to such a request.Good luck.***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

      Pasadena, CA 91101
  • quick deed property from a trust

    I am doing a quick claim deed to myself from my property that is in a trust for a home equity line credit. Can I quick claim the property back to thetrust before the loan is paid in full?Thank you for your time
    • Re: quick deed property from a trust

      It is a "quit claim" deed. I suspect your loan documents and security agreement will have your answer. Read them carefully.

      Scott Riddle
      Scott B. Riddle, Attorney
      Suite 3250 One Atlantic Center, 1201 West Peachtree St., NW
      Atlanta, GA 30309
  • Quick Claim Deed after Death

    If there is a trust indicating that a residence is left to the heirs but the Trustor dies prior to Quick Claiming the deed, can the property still be Quick Claimed or otherwise transferred, and if so, how?
    • Re: Quick Claim Deed after Death

      if he never signed a deed then it must go through probate. if there was a pour over will then the probate will transfer the home to the trust.

      Ken Koury
      Kenneth P. Koury, Esq.
      22425 Ventura Blvd., #286
      Woodland Hills, CA 91364