Quit Claim Deed - different states

[sjhm1234]

What is the name of your state (only U.S. law)? IL

I need to submit a quit claim deed to my mortgage company as soon as possible in order to get loss mitigation assistance. My ex has no problem signing this as it was supposed to have been done shortly after our 2000 divorce, however, he moved many years ago to MS. The county where I reside shows two different types of quit claim deeds on their website: Statutory or Joint Tenancy. Which one applies to our situation?

Also, is this easily done on our own? It seems as easy as filling the form out, having him sign & get it properly notarized & sending it back to me. I do the same and go file it at the courthouse. Is it more difficult than that? Should I consider having an attorney handle it?

Thanks for any advice

 

[justalayman]

would you mind linking the site where you found the forms? I cannot think of a "quit claim joint tenancy" deed.

and just to be sure you know: by granting a deed you will be relinquishing all interest you have in the property.

 

[Ohiogal]

would you mind linking the site where you found the forms? I cannot think of a "quit claim joint tenancy" deed.

and just to be sure you know: by granting a deed you will be relinquishing all interest you have in the property.

I think her ex is the one reqlinguishing all interest.

 

[justalayman]

I think her ex is the one reqlinguishing all interest.

yep, I see that but I still am not familiar with a joint tenancy quit claim deed.


Ah, I think I found it:

http://www.co.mchenry.il.us/departments/Recorder/PDFDocs/QuitClaimJ.pdf


If that is what the Op is speaking of, that would not be the proper deed. That is to QC the grantor's interest to multiple parties taking title as joint tenants. In this case, the ex hubby is simply granting his interest to the OP so a basic QC deed is what is used.

 

[sjhm1234]

would you mind linking the site where you found the forms? I cannot think of a "quit claim joint tenancy" deed.

and just to be sure you know: by granting a deed you will be relinquishing all interest you have in the property.

Here's the link: http://www.co.mchenry.il.us/departments/Recorder/Pages/RecordingForms.aspx

And, yes - we are both aware of the purpose of the quit claim deed. Our divorce decree states I was awarded the house. Ex has no interest in the house and knows I need this to refinance or get loss mitigation help.

 

[justalayman]

if you notice, on the joint tenancy QC, it includes is for granting to parties taking title as joint tenants. Since this is just your ex granting his interest to you, the plain ol' QC statutory deed is the one.

Also, is this easily done on our own? It seems as easy as filling the form out, having him sign & get it properly notarized & sending it back to me

there is a question I don't have the answer for. Illinois might require an Illinois notary to witness the signature. I don't know offhand if they do or not.

I do the same and go file it at the courthouse.

You do the same what?

 

[sjhm1234]

if you notice, on the joint tenancy QC, it includes is for granting to parties taking title as joint tenants. Since this is just your ex granting his interest to you, the plain ol' QC statutory deed is the one.


there is a question I don't have the answer for. Illinois might require an Illinois notary to witness the signature. I don't know offhand if they do or not.

You do the same what?

Actually, I am a public notary at work (insurance). I am aware of Illinois' many requirements for notarizing real estate documents - so I will make sure I am having it notarized by a proper "real estate" notary public in IL. I'm not sure if MS has the same strict standards....I will have to find out.

Thank you everyone for your help! So, does it sound like something pretty simple we can handle ourselves, or should I reconsider letting an attorney do it?

 

[justalayman]

what you are doing is generally quite simple. Mistakes can be made though and they can be difficult to fix. A simple error such as a mistake in the property description can be a real pain to fix.

As to where the deed is recorded: I haven't looked but most states I am aware of have a register of deeds or something similar in name that records the deeds.