Quitclaim deed HELP?

[mdmk]

What is the name of your state? ca
my seller sold me a house on deed of trust then 5 days later quitclaimed it to me for 10.00
now he wants to enforce deed of trust does he have a leg to stand on.?

 

[HomeGuru]

What is the name of your state? ca
my seller sold me a house on deed of trust then 5 days later quitclaimed it to me for 10.00
now he wants to enforce deed of trust does he have a leg to stand on.?

**A: your post makes no sense. Why are you not making payments or following the terms and conditions in the deed?

 

[mdmk]

help quit claim question

**A: your post makes no sense. Why are you not making payments or following the terms and conditions in the deed?

I am making payments on the deed of trust. but im assuming by him giving me a Quit claim
did he release me from the deed of trust? if not what effect did his filing Quit claim deed have.

 

[HomeGuru]

I am making payments on the deed of trust. but im assuming by him giving me a Quit claim
did he release me from the deed of trust? if not what effect did his filing Quit claim deed have.

**A: still confusing. Hire an attorney.

 

[mdmk]

help quit claim question

**A: still confusing. Hire an attorney.

Obvouisly theres a mistake made by seller. i will take your advice about attorney.
let me run it by you one mor time. on march 2 ,2007 he records deed of trust for 161,000
then on march 6 2007 , he records a Quit claim for 10,00 releasing his intrest in home.
is deed of trust enforcable by seller? or is this just a process mistake. what effect does his actions have on the deed of trust and the ownership of proprty in your opinion

 

[HomeGuru]

Obvouisly theres a mistake made by seller. i will take your advice about attorney.
let me run it by you one mor time. on march 2 ,2007 he records deed of trust for 161,000
then on march 6 2007 , he records a Quit claim for 10,00 releasing his intrest in home.
is deed of trust enforcable by seller? or is this just a process mistake. what effect does his actions have on the deed of trust and the ownership of proprty in your opinion

**A: I quote "still confusing. Hire an attorney"

 

[FlyingRon]

A quit claim only conveys the interest he has without any warranty. If there was an existing deed of trust for some other party it is not affected. You should *NEVER* buy property on a quit claim.

You need a lawyer at this point (or to give us real details as to what is going on).

 

[mdmk]

A quit claim only conveys the interest he has without any warranty. If there was an existing deed of trust for some other party it is not affected. You should *NEVER* buy property on a quit claim.

You need a lawyer at this point (or to give us real details as to what is going on).

heres the deal as i understand it: we bought home on contract secured by a note in the form of deed of trust.
but 5 days later seller filed Quit claim deed to us releasing his intrst in home.. (by mistake maybe) . when the county Treasure sent us bill for yearly taxs due. i called him and to inquire why our contract servicing dept wasnt paying our taxes becuase they were collecting them in a researve account.
Later he called me back and said we needed to redue deal becuase he had messed up filing ? i checked with county records and noticed the Quit Claim Deed signed by him thats recorded 5 days after deed of trust. I think he thinks he has released us from the deed of trust by his filing Quit claim. the title is free and clear except for our original deed of trust , but we have a Quit claim signed by him releasing his interst to property.
as i understand this type of deal ...title should stay in original owners name till deed of trust is payed off? correct and by him signing Quit claim his prevouis deed of trust is void correct?

 

[HomeGuru]

heres the deal as i understand it: we bought home on contract secured by a note in the form of deed of trust.
but 5 days later seller filed Quit claim deed to us releasing his intrst in home.. (by mistake maybe) . when the county Treasure sent us bill for yearly taxs due. i called him and to inquire why our contract servicing dept wasnt paying our taxes becuase they were collecting them in a researve account.
Later he called me back and said we needed to redue deal becuase he had messed up filing ? i checked with county records and noticed the Quit Claim Deed signed by him thats recorded 5 days after deed of trust. I think he thinks he has released us from the deed of trust by his filing Quit claim. the title is free and clear except for our original deed of trust , but we have a Quit claim signed by him releasing his interst to property.
as i understand this type of deal ...title should stay in original owners name till deed of trust is payed off? correct and by him signing Quit claim his prevouis deed of trust is void correct?

**A: it appears that you bought the property via an installment or land contract. And now you need an attorney to help you clear the mess.

 

[nextwife]

Betcha you didn't use an attorney and a title company?

If you did NOT use a title company, how can you know seller is able to convey good title?

 

[HomeGuru]

Betcha you didn't use an attorney and a title company?

If you did NOT use a title company, how can you know seller is able to convey good title?

**A: or a Realtor, surveyor, home inspector, appraiser etc.

 

[nextwife]

Sure sounds that way.

The biggest purchase most people ever make, and they all think it's a DIY job.

 

[HomeGuru]

Sure sounds that way.

The biggest purchase most people ever make, and they all think it's a DIY job.

**A: and you'll find some of these people posting on this website.

 

[efflandt]

In one post you say you quit claimed it back to him, then in this one (later) you say he quit claimed it to you. Confused? We are.

 

[FlyingRon]

A quit claim as I said is a crappy way of transferring anything other than to say, I wash my hands of any interest I have in this property.

It makes no representation as to what is being transfered and may mean absolutely nothing. I doubt a quit claim would remove a deed of trust encumberance.