Do liens transfer from previous owner to current owner when ownership is transfered with a quick claim deed?
954654
If there is a lien on the property you are stuck w it- D
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! :)
1138497
See a lawyer with your husband and he/she will get the ball rolling with the paperwork involved to change the title/deed to the new joint owners if this is what your husband agrees to!!! \n\nIf he does not, he better set it in his will at that same time to say that if anything happens to him that the rightful person(s) receives the property upon his demise!!!\n\nGood luck.....
531840
yes.  In fact contractors lien's have to be litigated within a year.  If the litigation concerns real estate, the "lis pendens" (notice of litigation)  also acts as a lien.
407055
yes. once you have the deed in your name it is yours
791972
Keep your attorney, I see this at the courthouse all the time.  Your brother may be trying to rip you off.  All three of you need to get together with the lawyer.  Then each can quitclaim to the other what property is to be transferred.  The lawyer will file the deeds so that your brother cannot claim later he never qc'd anything to you. Your attorney should have already answered this for you.
752838
Assuming the following facts:\n\n1) You were the owner and had a mortgage.\n2) You sold the property to another individual on either an assumable mortgage, or with your mortgage company's permission "transferred" the loan to the current owner.\n3) The new owner failed to pay.\n\nIf the loan was assumable, depending on your mortgage company and how long the new owner has been paying, you might or might not be responsible for the loan.\n\nIf the loan was "transferred", based on the new owner's ability to get a loan on their own credit, you might not be responsible for the loan.\n\nHard to know without knowing the whole story and checking with your original mortgage company.
196082
The local Treasures office for the county your interested in looking for property.  A word of caution. There is an 8 year tax redemption of the property meaning that if the prior owners to the property want to redeem it they have a right to.  Also If you purchase the property at a tax sale it does not get rid of the existing liens on the property.  Lastly Property usually doesn't go to tax sale until about the 5th year of non-payment.  But it can happen sooner.
1060174
As I understand it, ANYONE can pay the taxes or the payments, but it doesn't belong to you until the deed is transferred to your name and recorded.
85944
A warranty deed is one in which the seller, when transferring the title to you, warrants that he owns the property free and clear of all liens. A warranty deed is used in most sales of property. The warranty deed says that the grantor is the rightful owner and has the right to transfer the title; that there are no outstanding claims on the property from lenders using it as collateral, or from other creditors, and that the property can't be claimed by someone with a better claim to the title. If any of those claims are wrong, the buyer is entitled to compensation. A title insurance policy backs up the claims of the warranty deed, protecting the lender or buyer from disputes about ownership or liens.
81787
We did something similar but transferred it to a Family Trust.\n\nHowever, transferring the deed to you is entirely possible.  The only thing is that when you sell this property, your capital gains will be based on your initial cost of $0.  Therefore, you will pay higher Capital Gains tax later on. \n\nThis should of course be offset by you getting this property for free, and really depends on your tax bracket.\n\nIs there a mortgage on this property?  If so, you can still transfer the deed to you.
947851
Entirely depends on the clauses therein contained. My advice is go thru a lawyer. DON'T ever try doing it on your own. \nIf there is a Donor, a Trustee and Beneficiaries, all parties involved in the existing trust deed have to sign (consent to the revocation of the deed). Once it is revoked you may want to or not , enter into another trust deed. It becomes Irrevocable only if one or more of the parties are not available to sign the revocation. In the event of any revocation it could also become an issue as to who will become the beneficiary. The persons involved can object that the original donor may not be allowed to become the sole beneficiary as a result of the revocation.\nThe reason for this works on the principle that once the donor creates an irrevocable trust deed, even he has no power to undo it as it (e.g. property) is not his anymore.
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.
1087328
THIS IS NOT LEGAL ADVISE, I AM NOT AN ATTORNEY!!  (I just used to work at a Title & Escrow company) Should you be concerned over changing the vesting of your property please see a licensed Real Estate Attorney or hire a Title Company to handle your transaction:  that being said----\nFirst u need to make sure that if there is a Deed of Trust (Loan) on the property that you can do a Quit Claim Deed.  A Quit Claim is a legal binding Vesting Deed, it in itself will show Legal Vesting for all related Title Searches.  Make sure it has the correct Legal Description, That the grantor is the person removing themself from title and that it has been signed in front of a notory, then take it to either a local title company and ask them to record it for you, or take it to your counties auditors office.  There is a charge for this
774353
His ownership of it may not be transferrable to you unless they own it as a tenancy in common.  And even then, his share going to you may not guarantee you the right to live in the home.   \n\nIf they own it as joint tenants, it's basically one dies, the other one becomes full owner.  You get nothing.  \n\nYou really need to see a real estate attorney in your area to find out your rights and what you should do.
375247
Call the lawyer or the title company who recorded the deed originally. They should be able to help you.
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.