Quit Claim question - Posted by Tim (CT)

Real Estate Investing
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Posted by Tim (CT) on October 02, 2003 at 10:55:30:

Thanks for your help!!

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Quit Claim question - Posted by Tim (CT)

Posted by Tim (CT) on October 02, 2003 at 08:31:26:

After reviewing some of the quit-claims at the clerks office, I was surprised to see the format used. If ‘A’ quit claims his interest to ‘B’, then ‘B’ is the one to sign the document and not ‘A’. I would think both would have to sign? If that’s the case, what would stop me from creating a quit-claim document that says Donald Trump is quit-claiming is interest in the Trump towers to me and then have me sign it and record it!!

Although, I believe all the ones I’ve seen are all related in some way (i.e. mother to son, husband to wife, etc.). Not sure if this has something to do with it.

Am I misunderstanding the document?

Thanks in advance.

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Re: Quit Claim question - Posted by Brent_IL

Posted by Brent_IL on October 02, 2003 at 10:07:32:

“Am I misunderstanding the document”?

  • Yes. “A” is remising, releasing, and quitclaiming his interest to “B,” so “A” is the one signing the quit claim deed. The notary’s signature is the only other one necessary to record the deed.
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Re: Quit Claim question - Posted by Tim (CT)

Posted by Tim (CT) on October 02, 2003 at 10:10:48:

Thanks for the response.

Question: What if ‘B’ doesn’t want the interest in the property? For example: There’s a dumpy house in a neighborhood that’s got issues with city ordanances. ‘A’ doesn’t want to deal with it and doesn’t like ‘B’. You’re saying that ‘A’ can quit claim his interest over to ‘B’ without ‘B’ having any knowledge. Now, ‘B’ owns the property and is responsible for the non-compliance issues.

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Re: Quit Claim question - Posted by Brent_IL

Posted by Brent_IL on October 02, 2003 at 10:39:46:

No, a deed has to be delivered and accepted. Title passes when the deed is delivered to the grantee. As with any contract, there has to be mutual acceptance. It’s similar to a purchase offer that is tossed out without a counter-offer, it doesn?t mean anything. Recording a document has nothing to do with the transfer of title. Recording makes the deed superfluous.

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Re: Quit Claim question - Posted by Tim (CT)

Posted by Tim (CT) on October 02, 2003 at 10:45:45:

O.K. Would it be considered a defective quit-claim deed if I had the grantee and the grantor(s) sign it even though it may not be necessary?

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No. - NTXT - Posted by Brent_IL

Posted by Brent_IL on October 02, 2003 at 10:54:54:

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