Posted by John Merchant on August 18, 2003 at 11:24:54:
Sure. It could be challenged in a Suit to Quiet Title (Trespass to Try Title, TX, maybe elsewhere too), but remember, a QCD basically does not warrant or guarantee any kind of title.
A CQD merely releases any/all title in the Grantor’s name.
I could quite legally give you a QCD to the London Bridge, Eifel Tower, etc. Send my $5000 & I’ll QCD both these beauties to you
I might decide it feasible to proceed to close areound a QCD if the grantor clearly did not have any title to begin with, and I believe I the title/escrow outfit could be pushed & shoved into closing despite the existence of the recorded QCD. Of course any title insurance policy would “Except” that QCD, so that would always be an open hole in the policy.
I would certainly want to talk to those parties involved in th QCD to see what they were trying to accomplish and make sure just what they are claiming…to make darned sure there isn’t some legal interest there that might rise to bite you in the back.
Having used a QCD myself, merely to “notice” the record that I had SOME kind of interest in RE, I’d be concerned enough to want some more info about it on anything I’d be buying.
To give more pertinent advice, we’d need more detailed info on what you’re wanting/needing to do here.
How do you relate to the QCD grantor, grantee, etc., and why would you be wanting to challenge the QCD?