quick claim deed

[aldrepairanne]

What is the name of your state (only U.S. law)? florida, if an old quick claim deed has not been recorded, and you write up a new one and record it, could the old one come back to haunt us?

 

[swrdmbo]

Yes it could.Deeds do not have to be recorded to be valid. It is certainly in the best interest of the party to have it recorded.

This is the stuff of title company nightmares....an unrecorded interest in a property. This person could come back at any time(or their heirs) to claim their interest in the property.And rightfully so.

If you knowingly prepared a quit claim deed( to a property that has already been deeded to someone else so that you no longer have the right to deed it to anyone) to another party you could be in very serious trouble.

This is fraud. If the property has been quit claimed to another party that is the only person that can legally quit claim the interest in the property. You have absolutely no right to do this.

 

[tranquility]

Recording a deed protects the rights of the grantee. I believe in Florida, the statute protects the rights of the first one who records if they are a subsequent purchaser for a valuable consideration and without notice. This means that if a person pays for the property and had no idea that there was another deed out there and he records first, the property is his. Of course the grantor of this (second) deed may be prosecuted for fraud and/or is liable in tort to the grantee of the first deed, but that is a seperate question.

 

[aldrepairanne]

quitclaim deed

Thank you for your help. It is a family issue and of course it didn't come up until after 5 on a friday. thanks again