can you tell me legal definitions of warranty deed and quit claim documents??
351483
Yeah, just a second...\n\nquit claim deed\n\ndeed which transfers whatever interest the maker of the deed may have in the particular parcel of land. A quitclaim deed is often given to clear the title when the grantor’s interest in a property is questionable. By accepting such a deed the buyer assumes all the risks. Such a deed makes no warranties as to the title, but simply transfers to the buyer whatever interest the grantor has. \n\nA deed which conveys whatever right, title, or interest the grantor may have in property at the time of conveyance. There is no guarantee implied in a quit claim deed.
1138013
A quitclaim deed conveys whatever interest you hold in a piece of property, with no warranties on the deed. In contrast, general warranty deeds provide guarantees: that you own the property, that you can convey it, that the title is not encumbered (no liens, undisclosed easements, zoning defects, or encroachments), and that you are willing to take necessary steps to ensure the above.\n\nSo, the form of the deed is not the real question. Quitclaim deeds are just easier than general warranty deeds, because you are making no guarantees regarding what you own.\n\nYour question seems to be whether it is necessary for you to give up your property rights in the house so your ex-husband can take out a mortgage. Under some state laws, mortgages taken out by one co-owner can encumber an entire property, including your interest, and can result in the property being foreclosed by the mortgage holder if not paid.\n\nUnder other state laws that follow a lien theory, your ex can encumber his part ownership, but not yours. If the mortgage holder forecloses, they would become part owners along with you, if your state followed those rules. The mortgage company may then attempt to force sale of the property, to get their investment back, but that would be a separate legal action.\n\nWhenever your legal rights are at issue, you should consult with a licensed attorney. Property law, especially the intersection of co-tenancy, divorce settlements and mortgages, can be very complex. Don't take the word of some random person on the internet. Especially where your house is on the line.
94819
didyousearch was correct but I wouldn't advise you filling it out yourself. You need to speak to a Title Agent or real estate attorney. There are specific clauses the need to be on the deed to convey it properly for example marrital status and or a homestead clause. There are others that could possibly be needed as well.
812701
How about a sales/purchase agreement?\n\nThis document defines the parties, price and terms, what is included and excluded, assignment of lease(s), representations and warranties, time, date and location of closing, allocation of purchase price, responsibilities for taxes and fees, etc.\n\nIt is essential for you to have one.\n\nMichael Casey CPA\nBusiness Consultant\n608-271-0068
630157
The above response is not quite complete.  Basically the types of deeds are:\n\n1.  A deed where the seller does not promise that they own the property but they are transferring to the buyer whatever interest they "may" have in the property.  This is referred to as a Quit Claim Deed and is most often used in divorces.\n\n2.  A deed where the seller is selling the property to the buyer for the purchase price of $x.  This is referred to as a Bargain and Sale Deed.\n\n3.  A deed where the seller states that they own the property and they promise that their title is completely clear and no one else has any claim to the property.  This is referred to as a Warranty Deed.\n\nIn 20 years of practicing real estate law I have never seen a Warranty Deed used.  The form of deed that I have seen most often is a Bargain and Sale Deed with Covenant Against Grantor's Acts.  This is the same type of deed as number 2 above, with the addition of a promise by the seller that they have done nothing to encumber the property or give anyone any rights to it.  This type of deed, along with a title insurance policy, means that the buyer does not have to worry about anyone else having a claim to the property they are buying.
373717
You can add someone to the deed by doing a quit claim deed.  It is not uncommon to have someone on the deed who is not on the note.
737980
registered deed,last tax paid receipt,blue print & etc
1005704
He doesn't.  The quitclaim deed simply states that the grantor releases any claim to the property.  He'd get that one of two ways in the circumstances you mentioned.  Either his ex-wife quitclaimed her right to the property as part of the divorce settlement or possibly the lien holder quitclaimed their right to the property when the lien was satisfied -- or possibly both.\n\nHe needs to look at the deed that was given when he and his ex-wife purchased the property.  Commonly that would have been a warranty deed and is still valid.  His ex-wife's quitclaim gives him full legal title to the property.\n\nhttp://en.wikipedia.org/wiki/Warranty_deed\n\nhttp://en.wikipedia.org/wiki/Quitclaim_deed\n\nIf the original seller gave them a quitclaim deed, there's probably no way now to force them to provide a warranty deed; it should have been structured that way when they originally closed on the property.
399697
A form generally accepted by all county recorders is a Quit-Claim Deed.  \n\nTypically you can find this at any good stationary store.  \n\nTo avoid a potential tax liability it may be in your best interest to indicate the transfer to be an "inter-family transfer with -0-consideration".
996974
Try your county Auditor and Recorder.\n\nThe auditor normally has info regarding how much a property has been purchased and what features a property contains, i.e. beds, bths, etc..\nThe recorder will give you auctual documentation of what liens are on a home. Mortgages, 2nds, etc..\n\nIt takes some research, but this public information  is powerful
721338
There's a form called a "Quitclaim Deed".  You can get it at a stationery store or maybe the County Recorder's office.  Once you have the information filled out, you record it at the County Recorder's office.\n\nHere's a website that explains the form and there's also some sites that you can download the form from:  http://www.answers.com/topic/quitclaim-deed?method=22
486235
I don't think you want to look at the lease to the house.  It sounds like you are more interested in locating the deed to the house sometimes called a "Warranty Deed", "Quit Claim Deed" or "Special Warranty Deed."\n\nThese records are filed at the Recorder's Office of the county.  You can call the county and find out very quickly how to view the actual deed. Some larger counties make the deeds veiwable online.\n\nAt any rate, you should be able to go the the Recorder's office and search on a computer or through books and find the deed and see who shows to be the owner.\n\nBest of luck.
228924
That would be the county's recorder. Their site is below. They recommend going through a title company or lawyer though, and don't provide much information, unfortunately. You might get more help if you go to the office in person or call.
707004
Well It would help if I knew what state you were in; however, I may be able to help anyway because I took Real Estate Law a couple of semesters ago.  \n\nFirst of all I think title exams go back further than 50 or 60 years.  I think they go back as far as the title has been recorded. Regarless, if the title was obtained fraudulently at anytime that causes an issue.   Legally if the deed was ever obtained fraudulently or if there is some other flaw in the deed then some unknown person may have a legal claim to the property if they ever find out they have a claim and may be intitled to quite title lawsuit.  The other problem that could occur is if the real estate is ever sold and title insurance is purchased and the fraud is discovered then the current owner may loose his claim to the property or the flaw in the title will have to be resolved before it can be sold.\n\nAccording to my real estate law book a quitclaim deed purports to convey only the grantor's present interest in the real estate, if the grantor has any interest, rather than the real estate itself.  Since such a deed purports to convey only whatever interest the grantor has at the time, its use does not mean or imply the grantor has a good title, or any title at all.  This form of deed does not impose any future obligations on the grantor.  If the grantor has an interest, it is conveyed by the quit claim deed.  If the grantor has no interest none will be conveyed.  If the grantor aquires an interest after executing the deed, the interest will be retained as the grantor's property.  \n\nQuitclaim deeds are used when the grantor knows that the title held has a flaw, such as where another may have an interest in the real estate, or where the interest of the grantor is doubtful, but a deed is need to clear that interest.  They are commonly used when parties have aquired title through foreclosure or some other involuntary means.\n\nThe point of the quitclaim deed is to release the grantor from the covenants and warranties included in other types of deeds becuase he knows there is a flaw in the title.  This knowledge alone would make me wonder why he is choosing this method of transfer if he allegedly know nothing of the flaw.\n\nI don't know if this helps or not but I hope it does! :)
713399
You can do this without a lawyer, and no closing costs to you. \n\nAll you need is a deed form, which you can get from the office supply store, Staples, OfficeOne, etc.  You want a "QUIT CLAIM DEED". \n\nYou need to do a little homework.  You need to know the legal description of the property you want to convey, and how you currently hold title.   You need to find the deed to you and the recorded map of the area.  \n\nFill in the name of the Grantor (that's you, exactly the same as it was deeded to you) and the Grantee (however the buyer wants it), and then all you have to do is the legal description. \n\nLook at your deed. It probably reads something like "Lot 4 and lot 112 of Subdivision as shown on a map recorded in volume and page)..." \n\nFigure out which one you're selling, and convey JUST THAT LOT, like "Lot 4 of Subdivision as shown..."  This is where your risk is. If you don't know what you're doing, you're going to give him your house. \n\nYou will need to sign it in the presence of a Notary, and how many witnesses you need to make it valid is a matter of state law, the recording office can tell you that. \n\nAssuming he's paying cash, the only closing cost is to record the deed, and that's the buyer's problem.  \n\nTell him a) he's picking up all closing costs (there may be Conveyance Tax or Deed Stamps) and b) he only gets a Quitclaim Deed.
918035
The easiest way would be to order a title search. The title report would disclose any liens against the property, who the current owner of record is, easements, mineral claims, etc.
794479
You can copywrite it. Or you can go to a laywers office and ask them for any advice on what you can do. Or you can do the agreement you talked about that reads that they WONT use it an any manner other then business between you and them. I would definately talk to a laywer and see what your opinions are..