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Questions and Professional Answers

Questions and Professional Answers

  • Quit Claim Deed

    I have a notarized quit claim deed & have refinanced the property. The property appraiser shows the home in only my name, but now after a refinance 6 years ago, the lender says that since the quit claim deed did not have 2 witness signatures, it is not valid. Must the quit claim deed be witnessed in addition to notarized to be in effect? The property is in FL but the person signing the Quit Claim is in OK.
    • Re: Quit Claim Deed

      Yes. A Florida deed requires to witnesses

      David Slater
      David P. Slater, Esq.
      5154 Windsor Parke Dr.
      Boca Raton, FL 33496
    • Re: Quit Claim Deed

      The bad news is that Mr. Slater is correct this time. A deed to Florida property must have two witnesses by statute, or it is not valid. The clerk of court will record it if it is notarized, but that does not make it any more valid.

      Frank J. Pyle
      Probate Attorney Throughout Florida
      401 West Colonial Drive, Suite 4
      Orlando, FL 32804
  • Quit Claim Deeds

    My brother and I were left an equal share in my Mom's property after her death in November. Because of a lot of expense that I had in the house, and in her care, my brother is signing a quit claim deed to give up his rights to the property (house and land). I have been told my a local attorney that he can sign that quit claim deed now, even before the Will is probated. I just want to make sure. Is it OK for the quit claim to be dated before the actual probating of the will. I was also told the Executor would need to do an Executor's Deed, putting the property in both my name and my brothers, and then the quit claim deed should be filed. Again, is it OK that the quit claim is dated before all of that?
    • Re: Quit Claim Deeds

      Yes, go ahead and get the quitclaim and have it recorded. Just to be safe, file it again for recording after the executor's deed is filed. It will cost you an extra $5.00 but what the heck.

      Charles W. Field
      Charles W. Field, Attorney at Law
      911 Duluth Hwy., Ste. D-3211
      Lawrenceville (north Atlanta), GA 30043
  • quit claim deed to add non-relative

    xwife recieved rights to house via divorce decree.Xhusband recieved deed to property from xwife through quit claim deed (xwife wanted out of obligation, still obligated to mortgage) xhusband wants to add girlfriend to deed as co-owner.will a quit claim deed recorded at county records department acomplish this?also on quit claim deed do I deed from myself to myself and girlfriend?
    • Procedure to add non-relative to Deed to House

      Q. I want to add my girlfriend to the deed to my home. Will a quit claim deed recorded at county records department accomplish this?A. YES, if done properly.Q. Do I deed from myself to myself and girlfriend? A. Depends on what you deed to her and the language you use. You have been through this once with your exwife. You need to seriously consider what you are about to do. Sounds like history repeating itself.

      William W. Fernandez
      William W. Fernandez, Attorney at Law
      250 Panama Road East

      William W. Fernandez, Sr., J.D.
      William W. Fernandez, Attorney at Law
      250 East Panama Road
      Winter Springs, FL 32708-3516
  • Quit claim deed & liability

    How does a parent ensure that a home given to a child will not be seized as an asset by the state to pay for medical care if the parent becomes ill and has to enter a nursing home for an extended care?? Will a quit claim deed help? Is it true that a quit claim deed on the property from the parent to the child will protect this property from seizure? Will the quit claim deed be valid if not filed 3 years prior to the advent of the parents illness? Does the quit claim deed need to be filed with the county clerks office? What if a quit claim deed was placed in a bank deposit box but never filed with a county clerk, is it valid?
    • Re: Quit claim deed & liability

      If the Medicaid applicant, the Medicaid applicant's spouse or an individual acting on behalf of the Medicaid applicant made a non-trust transfer, the transfer would be subject to a 36 month :look back period." At this time in Michigan, there is a penalty of one month ineligibility for every $3,711.00 transferred without receiving fair market value. Thus, a transfer of $133, 596.00 will incur an ineligibility period of 36 months. ( $3,711.00 x 36 = $133,596.00. A non-trust transfer of more than $133,596.00 will not incur an additional ineligibility period, as long as the Medicaid applicant files the application after the expiration of the 36 month "look back" rule.Under federal law aand federal and state rules, homesteads are the exempt property of individuals applying for medical assistance in the State of Michigan. That means that the state will not count the value of the homestead in determining eligibility for Medicaid benefits. These rules provide significant protection to the primary asset of many individuals and their families in long term nursing care situations.A deed should be filed in the county where the property is located. However, the deed is still valid even if it is not filed if the deed is properly executed.NOTE: My opinion does not constitute legal advice unless I have been specifically retained as legal counsel and completely informed of the facts of the situation.

      Henry J. Legere, Jr.
      Sheikh & Associates, P.C.
      35 Crocker Blvd.

      Henry J. Legere, Jr.
      Law Office of Henry J. Legere, Jr.
      4523 Willoughby Road
      Holt, MI 48842
  • Quit Claim Deed.

    When I got divorced 3 years ago, I signed a Quit Claim Deed so that he could refinance the house in his name only. Well, now there is no record of the Quit Claim Deed anywhere. I am still on the tax bill and title to the house. We are in a custody battle and I want to use that for leverage. I guess I need to know if I am still legally entitled to half of the property since there is no record of the Quit Claim anywhere. He wants me to sign a new one.
    • Re: Quit Claim Deed.

      You must first realize that if you were required by the courts divorce decree to quit claim your interest in the property, you are still obligated to do so.However, if this has some how caused you to spend money due a bad credit report or paid taxes on the property to avoid this, you may be able to recover something.

      Ralph Tambasco
      Tambasco & Associates,P.C. Attornenys at Law
      1 N. Pennsylvania St., suite 500
      Indianapolis, IN 46204-3136
  • Elder Care/Real Estate/Quit Claim Deeds

    Is it necessary or advisable to file a quit claim deed to protect 1/2 interest in home jointly owned by elderly mother and daughter if deed is survivorship? Is there a tax consequence for filing quit claim deed?
    • Re: Elder Care/Real Estate/Quit Claim Deeds

      As to the first question, I'd need to know a lot more of the circumstances. As to the second, no, if it's just a change in the form of ownership.

      John Heffernan
      Heffernan & Farr, LLP
      650 Farmington Ave.
      Hartford, CT 06105
    • Re: Elder Care/Real Estate/Quit Claim Deeds

      I'm not sure I understand the question. Who's interest are you trying to protect? One of the joint owners or a third person?To "file" a quitclaim deed, you need to execute a deed transfering an interest in the property to another and then "record" it on the land records.

      Linda Subbloie
      Linda A. Subbloie, Esq.
      P.O. Box 9024
      New Haven, CT 06532
  • quit claim deed

    I was told to file a quit claim deed in order to change the name on my tax bill from my deceased husband's to mine. What is the purpose of a quit claim deed in the case of surviving spouse and claiming ownership of a city lot and home there? Who would be the grantor or the grantee.
    • Re: quit claim deed

      There may be some missing facts here. If yoiu were on title with your husband, you can not file a quitclaim, in your capacity as his spouse on behalf of a deceased person. You need to file an affidavit of heirship. Doing so will show a subsequent owner or the taxing authorities who actually owns the property by looking at the filed affidavit that traces the ownership to you.

      Burton Padove
      Indiana and Illinois Lawyer, Burton A. Padove
      533 W. Ridge Road, Suite C
      Munster, IN 46321
    • Re: quit claim deed

      Are you trying to change the name on the tax bill or the name on the deed? To change the name on the tax bill, you need to contact your county treasurer's office. To change the name on the deed, you cannot use a quit claim deed if you and your spouse jointly owned the property prior to his death. You need to contact an attorney to make sure you complete the correct documentation to change the name on the deed.

      Naheed Amdani
      Law Offices of Naheed A. Amdani, P.C.
      4909 W. Oakton Street
      Skokie, IL 60077
  • Reclaiming quit claim

    I was a joint owner on a property in Colorado, which is also financed jointly. I quit claimed the deed to the other owner. The other joint owner has defaulted on the loan and I have been unable to contact this person. I would like to know if I pay off the debt, is there any way to recapture the deed in my name? What are my options?
    • Re: Reclaiming quit claim

      If you cannot obtain a quit claim deed from the other co-owner, you will need to file a quiet title action in District Court. You will need to serve them with a copy of the Summons and Complaint, either in person, or if the court grants your motion, by mail or publication. If you want me to help, please call for an appointment - 970-668-1949

      Eric Fisher
      Law Office of Eric A. Fisher. LLC
      619 Main St. (P. O. Box 4865)
      Frisco, CO 80443-4865
  • Quit Claim Deed Requirement

    I would like to complete a quit claim deed to take my husbands name off the deed of my house. Do I need to hire a lawyer to do this or can I purchase a form from an internet sight and fill this out and file it on my own. I was told by a lawyer that I must have a lawyer prepare the quit claim deed for me.
    • Re: Quit Claim Deed Requirement

      You can do this yourself but usually there are other forms that you must file w/ the deed. For example a TP 584 and RP5217 and perhaps smoke detector afidavit.Debra

      Debra Palazzo
      Law Offices of Debra Palazzo, LLC
      317 Elwood Ave.
      Hawthorne, NY 10532
    • Re: Quit Claim Deed Requirement

      Okay..regardless of who does it, your husband, if he is on e the deed, must sign it as an owner to get his name off the deed. You cannot unilaterally do this.Good LuckRRG

      Robert R. Groezinger
      GroezingerLaw P.C.
      P.O. Box 23 - Patterson, NY
      Mid-hudson Valley + Nyc, NY 12563
    • Re: Quit Claim Deed Requirement

      NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.You need to be careful. Even if your husband is willing to transfer his interest to you, your mortgage may become due and payable in full upon any transfer. Check with your lender first. That said, if you bought title insurance when you bought the house, use a warranty deed rather than a quitclaim. This will enable you to keep the title insurance in force. Furthermore, most title companys provide deed forms free of charge, at least to attorneys. And yes, your husband must sign the deed in the presence of a notary.Good Luck.

      Arnold Nager
      Arnold H. Nager, Esquire
      79 Cliff Street
      Hastings On Hudson, NY 10706-2101
  • legality of quit claim deed on real property

    When wanting to make sure property is given to another party upon disability or death will a quit claim deed be enough to secure the property for the other person?Is a quit claim deed enough to take the original buyer off of the deed of trust and put your name on it?
    • Re: legality of quit claim deed on real property

      To answer each question in order:1. When wanting to make sure property is given to another party upon disability or death will a quit claim deed be enough to secure the property for the other person?Probably no. If the deed is delivered, a present interest in the realty is transfered, and you lose your property before dying or becoming disabled. If you hold the deed back, you have not delivered it, and the conveyance may not be effective.Is a quit claim deed enough to take the original buyer off of the deed of trust and put your name on it? Probably no. In a typical case, a deed of trust is a conveyance from a borrower (Trustor) to a title company (Trustee) for a lender (Beneficiary). In a typical case, many deeds of trust have a "due on sale" clause, which allows the lender to call the loan all due and payable if the property is transfered by quitclaim or otherwise.Nevada legal questions are answered at

      Paul Malikowski
      Malikowski Law Offices, Ltd.
      Post Office Box 9030
      Reno, NV 89507-9030