Quit Claim Deeds

Quit Claim Deeds

 

A lot of people that own land or Lots typically transfer ownership via a Quit Claim Deed. Which if done correctly is not a problem at all. However with the internet making form so readily available I am seeing more and more deeds that are completed incorrectly or not filed.

In the last 2 months I have run into these type problems in several forms. One person use commas (,) in the legal description of land instead of the word “of”  i.e. Northwest ¼ of the Northwest ¼ –NOT—Northwest 1/4,Northwest 1/4 . Another common mistake is the use of the owners names John Doe and Jane Doe need to have a further description behind the names. i.e. John Doe and Jane Doe Husband and Wife or John Doe and Jane Doe single persons.

Another common problem we have been seeing is a tract of land being deeded off to someone else after a bankruptcy of divorce has been filed. I don’t think these were done to hide anything from the bankruptcy or divorcing spouses at least not in the case of the one I have run into lately. But if the Quit Claim Deed transfer takes after the date of the bankruptcy or divorce filing it now has a cloud on the tile. In the case of a bankruptcy the bankruptcy will have to be reopened and the property dealt with. In the case of t a divorce the ex-spouse will have to sign a new quit claim deed.

And the final problem is someone give you a quit claim deed and you do not file it at the county court house in the county the land is located in you may or may not have legal ownership, I will leave that to the attorney’s.

The bottom line is have an attorney or title company review it for you and check to make sure no leans have been levied on the property before you take ownership. The small fee they would charge you will save you a big headache and possible legal fees in the future.

 

Leave a Reply