LandInvestors.com Forums **Ask A Question** QuitClaim Deed not Recorded

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    Marilyn Sevigny
    Participant
    Post count: 56

    What would you do? Owner has two lots and wants to sell. She has Quitclaim Deeds that grants ownership to her aunt from 2006 yet NEVER recorded. Aunt lives with seller and is okay with selling properties to me. Would I prepare special warranty deed with aunts name as grantor and record both Quitclaim from 2006 and new deeds with aunt as grantor?

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  • Luke Smith
    Moderator
    Post count: 1304
    ProAdvanced

    Make sure the deeds are notarized and in recordable format. Or add a cover sheet to get it recorded. Then do a new deed on top of that one.

    Marilyn Sevigny
    Participant
    Post count: 56
    Pro

    Good point about recordable format. Looks like an off the shelf template and they filled in the blanks. The legal description doesn’t match deed exactly. Looks like they pulled legal from tax bill and started legal with apn. What happens if deed is not recordable is it considered void?

    My concern is I don’t want recorders office to reject the 2006 quitclaim deed and now my new deeds need to be redone. What if I played it safe and created another quitclaim and have aunt quitclaim back to her (niece) original grantor and have it notarized. But I won’t record 2006 quitclaim or new quitclaim. Then I continue on with new deed adding myself as grantee. I will then file with recorder only the new special warranty deed. I will keep the quitclaims in my file in case anything strange down the line happens. Does that make sense?

    Rod Hall
    Participant
    Post count: 348
    Pro

    Why not have aunt be grantor and you be grantee? Pay aunt. If aunt insists on quit claiming to her niece then write the quite claim and have aunt notarize it. Create deed with niece as grantor and you as grantee and then niece notarizes. Send both deeds to niece and aunt at same time. Pay niece. Send both to county with instructions. Or if in doubt, county quit claim first and when you know it is recorded send them deed transferring title to you.

    Marilyn Sevigny
    Participant
    Post count: 56
    Pro

    Rod,
    Found out seller did the QC deed as precautionary step in the event seller passed away then the aunt would get the property. The QC deed was never recorded and she still has the original. Can the QC deed just be dismissed and basically torn up?

    John Pitkin
    Participant
    Post count: 59
    Pro

    I would pass unless there is enough profit margin to cover the cost of escrow and title insurance. Let them figure it out.

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