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Can the grantee of a sreserving life state sell the property before the grantor has died?
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∙ 13y ago
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Wiki User
∙ 13y ago
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∙ 13y agoYour question doesn't make sense. You need to provide more details.
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How long before quit claim deed is permanent?
A quit claim deed is final as soon as it is signed by the grantor and handed over to the grantee. In order to preserve their interest in the property and notify the world that the property has a new owner the deed should be recorded in the land records immediately.
Does a person who signs a quit claim deed have right to the property?
Not necessarily, a quit claim deed just assigns all interest from one party to another. I can give you a quit claim deed to the Brooklyn Bridge, assigning you all of my interest in that property. The deed would be legal in that I am assigning all of my interest in the bridge, but you wouldn't have any more interest in the bridge AFTER receiving the deed than you did before, since I do not have any interest in the bridge. If there are other encumbrances against the property, a quit claim deed does not remove those encumbrances and in fact may result in the acceleration of a mortgage repayment, if a current mortgage exists against the property.A Quitclaim deed is often used when people want to change the wording on a deed or to enable the other party to sell the house without needing the signature of anyone else on the deed. I have seen them used to "clean up" the names on a title for the sale of a home or for refinancing. As stated above, the effects of a quitclaim do not eliminate the lien the bank has on the house if the house is not paid for. It does not remove or change the names on the mortgage and those people's responsibility to pay. Clarification:If the grantor on the quitclaim deed owns all the interest in the property in fee then YES you would acquire ownership of the property. If there were any liens and encumbrances you would acquire the land subject to them. In some parts of the country quitclaim deeds are often used to convey real property.
Does a Ouit Claim Deed become legal when it is witnessed and signed before a notary or when it is registered at the courthouse?
A deed becomes "legal" when it is fully executed and delivered to the grantee. At that moment the ownership is transferred to the grantee but it can only be held against the grantor until it is recorded. It becomes notice to the world that the land has a new owner as soon as it's recorded in the land records.See related question link.A deed becomes "legal" when it is fully executed and delivered to the grantee. At that moment the ownership is transferred to the grantee but it can only be held against the grantor until it is recorded. It becomes notice to the world that the land has a new owner as soon as it's recorded in the land records.See related question link.A deed becomes "legal" when it is fully executed and delivered to the grantee. At that moment the ownership is transferred to the grantee but it can only be held against the grantor until it is recorded. It becomes notice to the world that the land has a new owner as soon as it's recorded in the land records.See related question link.A deed becomes "legal" when it is fully executed and delivered to the grantee. At that moment the ownership is transferred to the grantee but it can only be held against the grantor until it is recorded. It becomes notice to the world that the land has a new owner as soon as it's recorded in the land records.See related question link.
What happens if the grantor signs a warranty deed with reservation of life estate and power to sell and the grantee dies before the grantor?
The grantee in a life estate is the life estate owner. If they die the life estate is extinguished and the property is free of the life estate. However, if you have your terms reversed please review the following. The grantor is the person who owns the property. The owner can grant a life estate and that person is the grantee. If the grantor dies the decedent's heirs would inherit the fee to the property either by will or under the state laws of intestacy. However, the life estate owner retains their life estate and the heirs acquire title subject to the life estate. The life estate owner would still have the right to the use and possession of the property for the duration of their natural life. They would also be subject to any statutory law regarding the obligations of a life estate owner in maintaining the property, paying taxes, maintaining insurance, etc..
What happens if a Quit Claim Deed is executed and before it is recorded an Attorney Lien is recorded on the property even though the person owing the debt is the one who executed the quit claim deed?
The lien is valid. A quit claim deed merely transfers the seller's interest in the property; it doesn't guarantee that the deed is free of any encumbrances - for that, one needs a warranty deed.
Grantee dies before a quitclaim got recored can it be recorded after his death?
Generally, if the deed was properly executed in all respects then you should record it immediately. If there are any defects that cause the land records office to reject it for recording then you will have a serious problem on your hands since the grantor is deceased. State laws vary so you should seek the advice of an attorney.
Grantor conveyed their property to a trust reserving a life estate. If the sole beneficiary dies before the Grantor does the property revert back to the original Grantor?
No. Not unless the trustor made that reverter a provision of the trust.If a grantor transferred their property to a trust and reserved a life estate, the life estate continues even if the beneficiary of the trust dies. There should be a provision in the trust that directs where the property should go in the case of the death of the sole beneficiary. This is a good example of the need for an expert to draft any trust.You need to review the terms of the trust to determine how the trust property will be distributed. If the trust doesn't address this issue then it may need to be addressed by a court.
What do you do when a person dies owing a mortgage and he conveyed the property before he died to someone who is not on the mortgage?
The property is still subject to the mortgage. The grantee should make arrangements with the bank to assume the mortgage. Some mortgage documents contain language that a transfer of the property will trigger a demand that the mortgage be paid in full. You should speak to the bank ASAP. Or, the grantee could just keep paying the mortgage.
What is deed of warranty?
A warranty deed is a type of deed where the grantor guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee, in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds title to a piece of real estate.
Can your grandmother sell you her house for a dollar before she enters a nursing home?
There can be all sorts of legal and tax consequences when an elderly person transfers real estate both for the grantor and the grantee. Estate planning should be done years in advance. Real property needs to be out of an elder's name for several years before it is considered to be out of their estate for tax and medical benefit purposes. You should seek the advice of an estate planning attorney as soon as possible before making such a transfer.
Who owns the house if it is titled to only one person name in the marriage in the state of Fla and is paid in full by a sale of a home bought before the marriage?
The grantee in the acquisition deed is the legal owner.The grantee in the acquisition deed is the legal owner.The grantee in the acquisition deed is the legal owner.The grantee in the acquisition deed is the legal owner.
If a quick deed is sign on a house while someone is alive but then passes away what happens?
Should be valid. Get title changed before it gets into probate.AnswerThe law varies from state to state. You need to consult with an attorney to see if the conveyance is effective in your jurisdiction. Some states require proof that the deed was delivered from the grantor to the grantee.
