• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

quit claim deed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

blahblahblah

Junior Member
What is the name of your state?New Mexico
Is a quit claim deed legal if it isn't recorded in the courthouse?
Even if is signed and notarized....just not file in the courthouse
 


S

seniorjudge

Guest
blahblahblah said:
What is the name of your state?New Mexico
Is a quit claim deed legal if it isn't recorded in the courthouse?
Even if is signed and notarized....just not file in the courthouse
For any kind of deed to transfer real estate, the deed must be signed (by the owner or owners), sealed (i.e., notarized), and delivered (i.e., given to the buyer or recorded at the courthouse in the county where the land is located). In some jurisdictions, the buyer must also sign the deed.
 

HomeGuru

Senior Member
blahblahblah said:
What is the name of your state?New Mexico
Is a quit claim deed legal if it isn't recorded in the courthouse?
Even if is signed and notarized....just not file in the courthouse
**A: the deed is enforceable even if not recorded.
 

nextwife

Senior Member
HomeGuru said:
**A: the deed is enforceable even if not recorded.
Providing the grantor was actually in title at the time.:D

Of course, if the grantor, for example, defaults and loses the property while the grantee is sitting on this unrecorded QC, then there may end up being no property left to claim.
 
S

seniorjudge

Guest
nextwife said:
Providing the grantor was actually in title at the time.:D

Of course, if the grantor, for example, defaults and loses the property while the grantee is sitting on this unrecorded QC, then there may end up being no property left to claim.
nexie, how can the grantor "lose the property" if he does not own it?

Once it's granted out, it is gone....
 

sergeant

Junior Member
quit claims

Florida - When I purchased my home I put it in my childrens name to allow them to use the small equity to obtain a mortgage to by their first home in another state. They have since sold that home,invested their profit in a newer home and my home is becoming a liability to them. Cn they quit claim the home back to me without incurring a tax penalty?
 
S

seniorjudge

Guest
sergeant said:
Florida - When I purchased my home I put it in my childrens name to allow them to use the small equity to obtain a mortgage to by their first home in another state. They have since sold that home,invested their profit in a newer home and my home is becoming a liability to them. Cn they quit claim the home back to me without incurring a tax penalty?
Please start your own thread in the taxation forum.

Thank you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top