The DANGERS with QUIT CLAIM DEEDS [True Story]
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- เผยแพร่เมื่อ 5 ก.ย. 2024
- A quit claim deed is typically used to convey the interest of the owner to another party.
But, unlike a warranty deed, a quit claim deed only transfers the interest that the seller has, and that interest could be subject to liens on the property that the buyer now assumes.
In other words, you’re taking a big risk when you purchase a property and take title under a quit claim deed.
Quit Claim Deeds are frequently used in divorce cases where one spouse transfers their interest in the property to the other spouse..
Or, when a parent is transferring property to children.
Another application is when a member of an LLC transfers their share of a property to the other members of an LLC.
These types of transactions are typically acceptable.
But there’s one instance where taking title to a property under a Quit Claim Deed could be very costly to the buyer.
I’m going to share a true story with you right now.
A client of mine purchased property on a Land Contract. When my client paid the land contract in full, the owner transferred the property to my client with a Quit Claim Deed.
By the way, my client never consulted with me when purchasing the property, and if my client did, the result would be different.
Long story short, a few years later, my client wanted to sell the property. My client found a good buyer, and that buyer applied for a mortgage and was approved.
However, when a title search was performed on the property, a big lien appeared on the title for a judgment that was taken against the original seller. And, of course, the judgment was required to be paid in order for my client to sell the property.
The original judgment was for $9 thousand dollars, and the interest accrued to over $8 thousand dollars for a total lien of $17 thousand dollars.
So, my client contacted me. My client was shocked. My client’s realtor didn’t know what to do.
When a judgment is taken against a person, if that person owns real estate, the lien attaches against any property that is owned by that person. At least that’s how it works in Wisconsin.
Fortunately, I was able to negotiate with the judgment holder for a substantial reduction in the judgment lien.
What happened to the original owner? Nowhere to be found. That’s why that original owner conveyed to property to my client with a Quit Claim Deed. Sneaky.
That was an expensive lesson for my client, and for investors out there who purchase property and try to save money by not hiring a lawyer who is knowledgeable in the area of real estate transactions before purchasing.
Website:
robertflessas.com
Thank you Robert for watching my video! I’m glad you enjoyed it.
Robert, what kind of lien of that property. What kind of percentage of reduction you got? 10 cents on a dollar?
My spouse and i bought a house and i took warranty deed with our names on it and the county clerk said we should do a quit claim deed so we equally own it and if something happens to 1 of us the surviving owner would be able to do whatever is needed without paying big money to Be able to do what we needed
Don’t take advice from a clerk. You need to speak to an attorney to get correct legal advice. Believe me, it’s worth the money. Each state has survivorship laws that may differ. Thanks for watching!
@@AttorneyRobertFlessas thank you very much SIR
No lawyer no deal
Both of my parents passed in the last 2years and the equity loan matured in march of 2022,and PNC will not let me keep it. I have been paying them. And leaving there for the past 9 years. And paying over the payment amount. I put a 750,0000 lein on the house. But they would not let me sell it. And the house is not worth what my parents owe on it. And my probate case was denied,and PNC took it to foreclosure to sell. And it didn't sell because they can't see the inside. And it needs a lot of work.
Great video Rob, sounds like a title search would've saved your client a lot of grief.
I see you're answering people's questions, thank you for taking time for that! So many do not. I have a question. My mother is aging and wants to make sure the bank doesn't yank the house without giving us the option to take over payments (without having to remortgage etc). We are wondering if a quitclaim deed is what we need to do, so assure us that I can keep the house and make the payments. Thank you!
I don't know where you reside and I can't provide you with legal advice, nor can I make any guarantees. This reply is for educational purposes only. Each lender has different terms under their mortgage. Quit claiming a parent's interest to a child is common with the child continuing to make the mortgage payments. Some mortgage lenders will accelerate the payments (due on demand) if there has been an ownership transfer. Some will not, so long as the mortgage payments and property taxes (if applicable) are being made and the insurance is maintained on the property. You may want to seek the advice of a local real estate attorney. There also may be tax issues with such a transfer. Thanks for watching my video!
I did a title search on a investment property and sign a agreement but towards the end the seller boyfriend was trying to do a Quitclaim deed and have me pays all closing fees no thanks i just walked away who ever read this just take your time I know sometimes we wants things now but due your research a ask wise people advice ask multiple people to and do whats best for yourself.
What if you were awarded the house in divorce but the ex spouse has gone missing in action. Trying to evade child support. I now have a home that I’ve been paying on for years without a quick claim deed or mortgage in my name.
Thank you, I spoke with a realtor today about a house for sell under a quit deed sale.
Your client should have done a Title search and that title search would have exposed any and all encumbrances and or liens
Mr Flessas..
I live in CA. If I signed a quit claim deed when my spouse purchased a 2nd home back in 2006 when our marital problems began & I've been trying/working on the marriage TO DATE..I now NEED the divorce. Do I have ANY RIGHTS in a divorce to get half the property PROCEEDS if he ever sells the house? I have put sooo much $$ into fixing this property; his GAMBLING ADDICTION will never go away; I've lent him so much $$ that I will never get back & the list goes on & on.
I know..I know..I'm an idiot, but PLZ give me some HOPE 🙏
Was the lien recorded against the property or merely a judgment against the ex-owner?
What about in Oklahoma my aunt did this behind my back claimed she’s been taxes that I have been paying for yrs me and my family it was in all her brothers my dad and sisters name I’ve lived on property for 3yrs have took care of it payed taxes and she claimed she did and illegally got it what can I do about this I pray you answer my question or get back to me help me somehow I’ve been losing my mind. She’s trying to sell it it’s been in our family for years. It’s very hurtful I don’t understand. I know God‘s gonna take care of it but I’m not so no he’s gonna put it on someone’s heart to reach out to me and help me maybe that shoe I don’t know if you feel it anyways if not, then it’s someone else, we got to get a lawyer soon see my grandma and grandpa left their property to 12 and their children. My dad did not agree that she ran in the paper for three months. Nobody looks at the paper anymore hardly and we had no idea until I called to see how much the taxes were. I have the receipts where I paid them, also, she has not step foot on this property in the three years I’ve lived here by the way I own my own house on the property. I have very little land with it as well. I only owned the exact piece for the house was sitting, which is not much there’s almost 2 acres here but not quite but everybody was willed 1/10. My dad did not agree. However, they did not stop her and a lot of my family did agree. Some of them had dementia a lot of them actually I’m the one living on the property. My brother has a trailer at the end of the road. We are the ones who have took care of it not hurt what can I do? Please help
My uncle died two years ago. My aunt never updated the information at the county. Now we want to do a Quit Claim to add me to the property with her. What is the proper way to write the Grantor if he is deceased - John P Smith and Joan P Smith, husband and wife would be the correct way if he were alive. Thank you.
Check with your local county register of deeds office to see if you can file a transfer on death form, taking your uncle off the deed. You will need a original death certificate as proof. Then, you should be able to add yourself via quit claim. Thanks for watching!
What about if you separate and move out (no marriage) and he wants your name off the deed? Why does Philly charge $4,000 to do that?
The issue goes deeper than that. There may be equity and mortgage concerns, if applicable. You should contact a local real estate attorney for advice before doing anything.
I signed a quit claim deed, my husband has no will. House is paid off , what is going to happen if he dies?
This is not legal advice, seek an attorney to discuss further but the real estate would go into a probate process possibly. Could although unlikely as you’re on deed (hopefully) that it would escheated to the state you live in say there’s no heirs to the property but highly unlikely since you’re alive here on earth. It’s a good idea to have an estate planning attorney draw you up a revocable living trust and deed your property into a trust to avoid probate and shelling out thousands of dollars to begin with.
My ex wife threw the idea of a quit claim deed to an investor. Long story short she quit claim deeded it to another. I want them to refinance and buy. I am a veteran with a VA loan. Do I have any legal recourse? Can I get my house back without fees? I know this isn't a free service, but any ideas would be so wonderful. Thank you, this stresses me out everyday. And the guy is late every month on my mortgage payment.
I would strongly suggest that you talk to a local attorney who is versed in this particular area of the law. Thanks for watching!
@@AttorneyRobertFlessas Will do. thanks.
So then the question is, how can a would-be buyer research to find out if a property he is interested in has any kind of lien against it? Pay for a title search?
Nirky YES. It’s worth every dollar.
@@AttorneyRobertFlessas Thank you, Robert. A further question if I may: Say I do a title search on a property and results come up clean; clear title history, no liens, etc. I buy it. Does this mean I will get a Warranty Deed, because now a company warranties it free of liens & title ownership ambiguities? Or if I sell it, will the new owner receive a warranty deed? Thanks.
If you are buying with a quit claim, then that’s all you will probably receive, unless you ask for a warranty deed from seller. If all you’re getting is a QC deed, then I would pay for title insurance as a buyer even if it’s a clean title. It shouldn’t cost much, if the title co will insure you under a QC deed.
@Bob Smith that could be true, but I would never rely on that premise when purchasing real estate.
Bob Smith I understand. That’s a business decision that you must make. Thanks for your comment.
I inherited a property quit claim deed 53,000 trustee never notified county of trust creators death reassessment tax plus another 24,000 for two years of taxes and a 400,000 lawsuit neighbor squatted in the backyard filed a quiet title lawsuit on me.cost me my job pension and due to covid 19 I'm looking at two foreclosures due to unpaid taxes renter stopped paying rent.
Very well spoken thanks for your knowledge
I'm interested in purchasing a property in Ashtabula, OH. I just discovered that it has a Quit Claim deed. What should I do to ensure there aren't any liens on the property?
You need to have a title search done by a reputable title company. Thanks for watching!
If you want to buy a house from a homeowner in pre-foreclosure, can you do a quit claim deed before a lis pendens is filed in order to do a quiet title to stop any foreclosure process from starting?
Very helpful good sir thank you kindly,
If you bid and win a house at a courthouse auction, and it has liens on it from the city like weed liens, junk liens, misc. liens, can you do a quiet title to get rid of those liens?
I see you're answering people's questions, thank you for taking time for that! Is it not true that the consumer funds the credit to the company and then the company grants you credit ?👁
Really lol 😂😂😂 that man has a bar card he's not supposed to tell you that because of public policy 🤣🤣🤣 but you my friend are 💯% correct 🙂
So is a quit claim deed just as safe as a warranty deed as long as you do a title search and get title insurance? Or can you even get title insurance with a quit claim deed? Also, which states are you licensed in?
No. A warranty deed guarantees good title and the seller warrants that, and if there’s a title defect, you can sue the grantor based on the warranty. A quit claim deed doesn’t. Big difference. You can obtain title insurance under a Quit Claim deed, but if a defect exists, you’re not insured against that under the title insurance policy. I’m in Wisconsin. Thanks for watching!
Would you recommend an investor wholesaling a quit claim deed with a 24k mortgage 5k lein still owed but has 80k+ equity in it ? Especially if I disclose that it's a quit claim deed with the amount owed to the end buyer?
My father passed away and some how he got in a mess and added multiple ppl on the title. He said that these ppl didnt exist but saved him from getting the house taking away. How do I remove these ppl?
It would probably not be worth fighting for a case you may lose. The better way to deal with a situation like this, is to work out a compromise. It’ll save everyone.
Same thing happened to me I’m so upset
How about a husband taking a wife’s name off of a property that belongs exclusively to her and reconvening it to himself alone. The balloon lien was paid to him. I could not get any help from the bank. My name was not in it to recognize me at all. The amount paid to him illegally (I think) was over $114,500.00. Do I have any recourse. He used intentional mis representation of identity
You should consult with a local attorney versed in real estate law. Thanks for watching!
@@AttorneyRobertFlessas Thank you. The property was in CA. I now live in WPB. I only discovered how what happened last month. Have consulted a re mediation divorce. He did not disclose assets. I’ll look for a real estate specialist. Should I find a ca licensed one.
Why would a person need a quit claim then make it 49%/51%? What does that mean exactly? Does that affect ownership or keeps the person filing a quit claim more of an owner since they have 51% ownership?
I'm buying a house right now . she has a general warrenty deed . however she now owes back taxes . to my understanding that voids a warrenty deed . being a warrenty deed I assume it was good for her she's had it a few years now and I'm willing to pay the taxes but don't have the funds now . I paid off 3k in liens on the property from the city . can I transfer a general warrenty deed into a quit claim
Hi Robert, I hear what you said, my question is about the timeline. Say Mary quit claim her deed to Rob. AFTER that is done, she got a judgement against her due to personal debt from a court. Then her debt collector can or can not attache any lien to now Rob's deed ? or to Mary's already quit claimed deed? In other words, when Bob is trying to sell the house years later, will he face the same problem you discussed in the video(risk of lien)?
If the judgment was taken after the QC was recorded, then they can’t attach. Thanks for watching!
Wat happens if im getting surved quit claims deed ..it has me as the grantor and my uncle the grantee ...WAT DO I DO
My granny didn't have a will .but I found something about a trust
So what if the house is paid off and the quit claim deed was signed at the beginning of the marriage and then person who’s name is on the deed wants to keep the property in the divorce
Transfer between divorced party using QCD is fine.
What if I want to give up my rights to all the property& responsibilities ? Quit claim the right one right?
A Quit Claim Deed transfers all of the grantor’s right, title and interest to the grantee.
I’m a co signer trying to remove my name of my brothers house would a quit claim deed be able to do just that?
If you buy a property at a tax sale can I get in touch with immediate owners and have them provide a warranty deed. I know I can get them to sign a quit claim. However warranty would be preferred.
You can always contact the owner, unless they’re represented by counsel. You should consult with a knowledgeable local attorney before attempting this regarding any potential legal consequences for you. All states have different tax sale and real estate conveyance statutes. Moreover, relevant case law in your state may apply on point to your question. Thanks for watching!
Hmm interesting ,good info 👍.
Thank you 🙏
What if she's not on the loan and she's only on the title?
You should have an agreement in place that sets forth the disposition when you sell.
@@AttorneyRobertFlessas she was supposed to sign and hasn't per divorce degree, lawyer said he can have a judge sign it but will cost me 300
How can I know if there's a lean on a property I'm buying?
So the husband wants her to take her son off the deed and just have her and him on the deed but her son refuses to sign any papers to get himself off the deed now he thinks he the Owner of have the house and he does not want to sell it or get himself off the deed my mother-in-law said she only did it because she could not contact her husband in the Philippines and she needed to lower the payments because she couldn’t afford 2100 a month anymore and she made it clear to her son that he was going to pay the mortgage like he was paying rent and he agreed to it now he says that’s not true that she’s lying but the husband is saying it doesn’t matter because he shouldn’t ever been put on deed and the one who how to get a loan should’ve known this he never told her that he cannot do it unless the husband agreed to it
Any person on a deed would need to sign a quit claim deed to remove their interest in a property. Thanks for watching my video!
Hi there thank you for the video my common law partner and I have been together for over 18 yrs never married ,we have a son together 16 yrs old and he just recently purchased a home in sept of 2021 of which we all reside . My question is with me being unemployed due to health issues and him not having the best of health either . What would be the best way to approach our situation should something happen to him or myself . Not sure if we should even be called common law or domestic partner either . If something god forbid happens to my husband I don't want to lose the home . On the other hand he also has 2 other biological children who I'm assuming will want the home . I'm so confused as to what are the proper forms or what type of deed to sign. His other children have never really been there for him so automatically I would not want to be put out of the home by them .
Consider having your partner adding your name to the deed as a joint tenant. Or, your partner could have a Will prepared that conveys the property to you upon his death. This situation requires a consultation with a real estate or estate attorney. Thanks for watching!
@@AttorneyRobertFlessas OK thank you we will look into it I appreciate this at least I know where to start when I do connect with a lawyer .
I need to ask u about a quit claim deed in Florida that was forged
How can I get help transferring land from my mom to myself? There is no loan or back taxes.
Seek the advice of a real estate attorney in your state so it’s done correctly. Thanks for watching!
What’s the resolution tho
My mom passed away a few years ago went thru probate court and thought everything was good now they’re asking me to get the title in my name do I fill out a quitclaim deed or warranty deed? And how do I do that if she’s deceased because she’s the grantor
You need to see a local real estate attorney. Thanks for watching!
Thanks!
Hello, Robert, just happen to find you on youtube. Could you please answer this ?. I currently have a home from a divorce and the title is in my name. But when I remarried, I never added the new spouse to the deed. Do I just file a quit claim deed to add the new spouse and if I do. Do I lose the rights of the home? I wanted to add my daughter's name on the deed so if I decease, she would be able to have it without going thru probate. How do I do this? my spouse's family thinks I was very wrong for not adding him, it was only because the divorce was so drawn out and I was never finished until many years later.
You should speak with a local estate planning attorney regarding a transfer on death document and quit claiming half of your home’s interest to your husband before you do anything in to avoid future conflicts. For example, you need to determine if you live in a community property state and get insight on your state’s marital property law. One big question is if you want your daughter to get your house upon your death, does quit claiming to your husband affect that or not? It’s worth investing the money to make sure that you get sound legal advice to accomplish your goals in your state. Thanks for watching!
I really hope you are still answering questions. We live in Texas my mom was recently diagnosed with brain cancer. She wants to transfer ownership to me. Will this be the better option??
Sorry to hear this. In general, the answer would be yes, and do this soon while she remains competent. Immediately see an attorney in your town for further advice before implementing. It will be well worth it.
@@AttorneyRobertFlessas thank you.
@@msmarsi009 it will need guardianship.
Is a quit claim deed an option for a party who inherited a home (New York) with an out of state executor (Alabama) who disappeared. The person who inherited the him has extremely limited funds due to job loss.
Loralieisa: I don't quite understand your question. You should contact a local attorney for advice. Thanks for watching!
@@AttorneyRobertFlessas Sorry the word "him" should have been home. I was asking for someone who is struggling with job loss, and potential loss of a home bequeathed to her by the decedent. The will was probated in Alabama, the home is in New York. The governor of New York has issued a directive to put a moratorium on evictions and foreclosures for now. She was unable to obtain assistance from legal aid.
I can’t answer that one as I’m not licensed in either state and I don’t know the law in either state. Your
question is state specific. You should contact a NY attorney versed in probate and real estate.
My mom died recently and quit claim the family home to the only daughter, over two years ago, but she still owe a mortgage, can I or do I have to work with that mortgage company?
Yolandrea Currie just keep paying the mortgage. Usually, if the lender gets their money, they’re happy.
@@AttorneyRobertFlessas thanks
Whats the difference between a quitclaim deed and a warranty deed
I just made a video in response to your question. Check it out. Thanks for watching!
Is there any way you can check on the land ... I'm thinking of buying lot but they have this type of deed
You should contact a title company in your area and have a title report done. That will show any liens. They’ll charge you a fee, but it’s worth it. Thanks for watching!
I'm looking at a house in the UP could I pay you to midigate? The owner wants to use a quitclaim deed and I don't know the seller at all.
I’m not licensed there. Get a local attorney to review any documents before signing. Believe me, it’s well worth the money when buying real estate. Thanks for watching!
My question to you is my mother-in-law is married and her husband is in the Philippines and she lives in California she wanted to lower the house payment from 2100 a month to 1600 a month the lender said it was OK for her to do that so she put her son on the loan and on the deed because the bank said that’s what had to be done but her husband said she had no right to put her son on the deed without his permission Is this true
It depends on California law. Generally, married persons on a deed are joint tenants and it would take the consent of both parties to add an interest of a third party to the property deed. Thanks for watching my video!
So just to be clear. The seller has nothing to loose of selling the home via quick claim deed?
If the buyer accepts a QC claim, then they purchase at their peril. Thanks for watching Javier!
@@AttorneyRobertFlessas Great, thanks now from a money stand point the buyer would be saving how much on closing cost percentagewise?
Check with your title company for the answer.
let's say I buy a foreclosure from one of these auction houses and I get a Quitclaim Deed. what's the necessary steps to change to a warranty deed
I’m not an attorney so please talk to your local attorney to discuss further however it’s advantageous to do a title search of the property before buying it at the courthouse steps (auction websites should have one already linked in their description). Not sure if it would matter if there isn’t any other liens encumbering the property (cuz it would show up in said title search) otherwise it would be just fine as is. Or have a local attorney draft you one possibly. I’ve heard of people to file a suit to quite title convey clear and marketable title towards subject property if there’s weak or faulty claims towards said property, ultimately making that QC deed as good as a warranty deed making it obsolete figuratively once the case is closed and won.
This is not legal advice by the way.
The Judge has to sign off these properties that are delinquent before the tax sale. All liens are not passed to the new owner, (highest bidder)at least here in NY.
Ask bank sell you foreclosure properties to deliver SWD.
Hi, many years ago my uncle and I bought a house and it’s free and clear. He’s now lives in another state and I want to remove his name from the deed. How do I go about doing it?
Your uncle can Quit Claim his interest to you. Also, check with a local title company to see if there are any transfer taxes. Thanks for watching!
@@AttorneyRobertFlessas thanks for the prompt reply. I’m from SoCal and my uncle lives in Philly now. I’m trying to do this myself and send it to have him sign. Do I have to file the preliminary change of ownership also and take it to the county assessor or county registrar?
I’m not licensed in CA so I don’t know their real estate law. To save money, you can contact a local title company and see if they can help with the transfer. It’s not something that you should try on your own, especially when it involves real estate.
@@AttorneyRobertFlessas I appreciated you taking the time to answer your viewer’s questions. Once again, many thanks.
Great videos! I have a question. I purchased a home back about 8 or so years ago. My father paid for the home cash, so we wrote up a land contract for it and had it notarized. During the time that it took me to pay it off (house is 100% paid for now). My father got a 20k tax lien put against all his property. Now I had alot of medical problems over the last few years so I didn't get the title transferred to me. I went to the bank to get a loan and they flagged the leins on the home (when my parents and me discovered them) my question is how do I get this removed? My parents can't afford to pay the leins.
The GoldenChild you should first check with the IRS or whatever tax entity has the lien. Find out how old it is? For sake of argument, depending on the age of the debt that your father owes, it may be dischargeable in bankruptcy. But you may have to quit claim the property back to your dad for him to get it discharge it. Just a thought. This is not legal advice. I don’t know the specific facts. You should talk to a bankruptcy attorney in your local area. It might work out for you.
The GoldenChild if the property is still in his name, your dad should look into this possible remedy before he transfers the deed to you.
@@AttorneyRobertFlessas hi i bought a property from my cousin 4 years ago quit claim deed. I did a title search a tear later and thet said there is nothing on the title. They went back to they day she got title insurance for the bank. So since i paid to get the title ins i am in the clear?
My Aunt stole my mother’s inheritance with a quit
claim
seen and screwed us kids out of our inheritance as the children now adults after mother passed away
she sold the place and built herself a custom house
If I visit she closes the door and says I am
busy….scam artist
HI
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What if it's a home acquired by your grandparents?
I don’t understand. Are you saying that a property owned by your grandparents was quit claimed to you?
R YOU licensed in indiana
No. Wish I were.
How can I contact you
sand mata what state are you from?
Kansas
sand mata I’m not licensed in Kansas.
@@AttorneyRobertFlessas are you liscensed in TN?
+Veni vedi vici Nonchalant Gassed up Shawty sorry, I’m not.