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Answer by linkus86
Quitclaim deeds and all other deeds are filed at your county court house where all deeds are recorded.

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Answer by Jack
Technically, the only way to do this is to take him to court. However, since you clearly have a case that you’ll win, he’ll probably give the deed up as soon as he gets a letter from your lawyer warning that you intend to take this to court. It is indeed possible that he’ll dig his heels in, which may in some ways be beneficial because although you’ll have to go to court, he’ll probably end up in jail at the end.

I’m not actually a lawyer, so obviously you should listen to your lawyer above me, but I’d advise you to ask your lawyer to write him a letter explaining that you’ll take him to court if he doesn’t surrender the deed. Make sure your lawyer writes this, not you, because if it’s phrased wrong he can use it to prove “blackmail”

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One kind of deed is a warranty deed or a quitclaim deed as it is most often called. “Quitclaim” means the owner of the actual estate, also known as the grantor, “quits” his proper and claim to the property thus permitting a switch of property to the recipient or grantee. Most real property contracts have contingencies, or conditions which should be met if a contract is to be performed. When you are establishing a tenant retention program in a Retail Investment Property, there are some vital elements to the programme itself that ought to be fastidiously considered. The tenant retention program should be written and carried out by the property supervisor annually. It ought to then be submitted to the owner for consideration and approval. An effectively-constructed program will benefit the property each in earnings and expenditure performance. It can also cut back the impression of emptiness within the property. Many medium sized and bigger properties incorporate the retention program into the continuing tenant combine strategy. The anchor tenants to the property will type a considerable robust foundation around which the retention program will evolve. On this basis, the lease for the anchor tenant should be both stable and lengthy term. If it is expected that the anchor tenants will doubtless be leaving the property, high priority needs to be placed on a substitute strategy. The anchor tenant must be matched to the demographic of the local community and the shopper visiting the property. A tenant communication questionnaire ought to be developed for implementing and utilizing throughout the retention program. The questionnaire should cope with the occupancy matters regarding the property and the tenancy. It ought to be served on the tenants within the two weeks leading up to every tenant interview. The tenant then fills out the questionnaire and provides it to the property manager in the course of the interview process. Matters of enlargement, contraction, relocation, trade, buyer patterns, manufacturing, and rental should all the time be lined within the questionnaire. A completely occupied property will place operational pressures on the property and the expenditure budget. On this foundation the tenant retention plan is a crucial element of the annual budgetary concerns undertaken by the landlord. Benchmarks and different KPI’s of property efficiency shall be extra precisely prepared as a direct result. The anticipated operational expenditure of the property needs to be in comparison with related property in the identical location. Tenants is not going to readily occupy a property if the outgoings are unrealistic and they’re required to pay them as a half of the lease structure. A profitable tenancy retention plan will always help the property to carry out at its best given the pressures in the local property market. It’s a particular service supplied by skilled property managers and leasing agents. Over the years, my shoppers have understandably wanted me to pursue each avenue to promote their property. To take action, they often request that I record their property as an funding along with itemizing it underneath a selected commercial real property category. Whereas this may seem like a good suggestion, in my opinion, until you really have a property that can be thought of an funding property, it’s not notably helpful.

Best answer:

Answer by Landlord
They are just releasing any interest they have. They may not have any. You will not be able to convey title with this if there are any liens on the property at all. You should insist on a grant deed.

What you really need to make sure of is that they own the property free and clear.

To me it sounds like a scam.

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Answer by Iffy
Not in every state and definitely not valid with an outstanding mortgage

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Answer by Glenn S
What’s the point. The correct term is a Deed in Lieu of Foreclosure. Many banks will not accept a Deed in Lieu because it could put them in a 2nd position if any other liens have been filed against the property.

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Deed theft is an increasingly popular crime in the real estate industry. It usually works like this: A company will post signs around town offering to “help” those facing debt problems that might lead to foreclosure. Representatives of the company meet with the homeowner and offer to take over the payments for a year or so while the owner gets his or her finances in order. The company urges the owner to sign over the property to the company, with the understanding that after a year or so, the owner may buy the property back. It seldom, if ever, works that way. Once the property is signed over, the company often evicts the former owner and sells the property at a profit. The owner gets nothing. This scam has been working well for years, but apparently isn’t efficient enough for some crooks. In a new twist, some clever criminals have found a better way. Now, instead of pretending to help, the crooks just forge the owner’s name on a quitclaim deed and file it with the county. A quitclaim deed is a statement from a property owner that he or she no longer wishes to maintain any interest in the property. That document specifies who will take over ownership. In some places, the thief will have the document notarized by an accomplice. In others, the thief will simply take advantage of an overworked or inattentive notary public before filing the document with county clerks who usually don’t bother to check if the document is legitimate. In either case, the result is the same. The thief now “owns” the property and is free to sell it or refinance it. Usually, once having done so, the thief and the money disappear. Under the right circumstances, this can even happen without the real owner even realizing that it has happened. This type of theft is becoming more and more prevalent in hotbeds of mortgage fraud such as the Southeastern United States. Law enforcement agencies are often at a loss as to how to follow up on this crime, as they often will have little more to go on than a name on a document, which may not even be real. In the meantime, clerks and notaries public are being urged to scrutinize such documents more carefully. Deed theft and mortgage fraud are serious problems that are costing Americans hundreds of billions of dollars annually.

Time shares are fractional vacation ownership interests in a resort, a concept that has been around for the past 50 years. There are about 1,590 fractional interest resorts in the United States with most resorts located in Florida, California and South Carolina. It appears there are about 5 million owners in the United States. This implies there are on the average 3,144 owners for each resort.

Typically owners made the purchase as an investment and a cost effective alternative to hotels. Some owners love their time share and want to pass it on to their loved ones. Other owners loathe their time share and want to give it away to avoid annual maintenance costs and to cut their losses.

Love it or loathe it an owner at some point in time will have to deal with how they own and the consequences of that ownership. Owners have the right to occupy a resort property. Purchasers are granted this occupancy right either as a “Time-share Estate” or as a “Time-share Use.”

Time-share Estate ownerships are granted by deed as in any other real estate transaction. Change in title is done with a deed transfer. Time-share Use ownerships are granted by contract and the owner has a license or membership interest in the resort but does not receive any ownership interest in real property. Change in title for a Time-share Use is done with the resort management company.

Timeshare Estates and Time-share Uses are granted as either: single-site, multisite, or point-system. Single-site time-shares are fairly straight forward. The owner is granted a fractional ownership interest in a single time share resort. There may be an exchange program associated with time resort so the owner can exchange times with other owners, but this is separate from the actual ownership.The multisite time-share takes the single-site concept and adds access to sister resorts through a somewhat complex reservation system. Another variation to the multisite is no ownership at all in a specific resort, but access during a certain time period to several resorts under a contract that defines how the time period and location is determined.

A final variation to ownership is the point system. Instead of a time period of ownership, the owner is granted a fixed number of points out of total points of ownership by all owners. The more points the more value and more access. The points granted appear on the sales contract and should appear on the deed.

Owners who want their loved ones to inherit the time share need to plan ahead to avoid probate. Ideally, ownership should be in the name of trust. But if the owner does not have a trust, joint tenancy is an option. To create a joint tenancy, the owner adds another person on title as a joint tenant. The person added is the heir to receive the time-share on the death of the original owner. In joint tenancy the person who dies has her or her ownership interest disappear and the survivor is the sole owner.

Normally adding a joint tenant in this manner is not a good idea. The joint tenant’s creditors and spouse have access to the property and the cooperation of the new joint tenant is needed for any sales or borrowing. As a result, the owner gives up control. But because of limited marketability and low dollar value the risk of loss may be outweighed by the ease of transfer. If an owner is considering joint tenancy, this is definitely a time to first consult with legal counsel.

Owners who despise their time-share may want to find a greater fool to assume ownership and give it away. The best method is with a quitclaim deed. In a quitclaim deed the grantor does not make any promises on proper title, amount of debt, outstanding taxes or any other warranty and just conveys away ownership interest.

Do you need assistance or help to change title or transfer ownership? If so, please go to http://www.DeedAndRecord.com, or contact Mark at 949-474-0961. Office address is 2021 Business Center Drive, Suite 207, Irvine, California 92612

Many states are taking steps to provide legal protection for life partners. However, in many instances, life partners, or those in a cohabitation situation, a mother living with her daughter, or an unmarried elderly couple living together for example, do not have a lot in the way of legal protections in the event of illness, incapacitating events, or death.

While the government may not have provided protection, there are legal steps that can be taken so that partners or cohabiters can protect one another in the event of unusual circumstances. Some areas to think about are finances, health care, property rights, and issues that will arise after death such as those concerning burial, disposal of the remains, and rights to property.

The first step that springs to mind is the creation an effective Last Will and Testament. As seen so recently in the Anna Nicole Smith case, not having an up-to-date Will created a vacuum in which the government had to step in and attempt to determine the wishes of the deceased. From my own personal experience I am aware how not having a last will and testament can create difficulties for the family of the deceased.

In many cases, there will be property to be dealt with, and, while a will may state who is to get that property, ownership of that property may be in question unless steps have been taken, such as preparation of a quitclaim deed, to insure that questions of ownership will not arise.

Healthcare and finances can also be an issue. Legal forms such as healthcare directives, living wills, and living trusts can create a clear legal path for one partner to care for and attend to the needs of the other.

Simple steps such as filling out a power of attorney form and last will and testament purchased online or at the local business supply store can be a cheap, effective, and incredibly important move in protecting you and your partner in situations that may eventually occur.

DOCUMENTS TO CONSIDER:

Cohabitation Agreement: This is simply a written contract entered into by any two people prior to living together. It will specifically outline and address issues concerning finances and property of the partners. It also states what will take place in these areas if the relationship ends.

Last Will and Testament: This will clearly define your wishes in the event of your death so that your assets can be distributed according to your desires and the choices of distribution will not fall to the state.

Living Trust: This allows you to make a legal decision as to how you want your assets and property to be managed while you are alive. It can also define how you want your assets and property to be distributed after your death.

Living Will: A living will, among other things, allows you to spell out how you want your healthcare to be performed and managed in the event you become incapacitated.

Quitclaim Deed: In the event that a living trust has been prepared, a quitclaim deed should also be prepared to aid in achieving an uncontested transfer of title to property.

Power of Attorney: This simple form allows you to designate someone to perform actions in your behalf and in your name.

In any relationship, be it traditional marriage, or a non-married cohabitation situation, preparing in advance for life’s events can save everyone involved a lot of grief and expense.

There are many legitimate reasons to add a name to your home mortgage title or property deed. Marriage, divorce, displacement and aging can all change the structure of a family’s living arrangements. In a marriage, as two people come together to share their lives, it makes sense that they would want to combine their assets and debts as well. When the new person moves into an already mortgaged home, it can be a good idea to have that person listed on the mortgage. But adding your spouse to your home mortgage is a big step. Not only is there a great amount of paperwork involved, but it makes your spouse liable for the repayment of the home loan. Once added on the mortgage, the new occupant is also listed on the deed. This protects the new occupant from legal issues or possible eviction in the case of the death of the original owner.

Most companies of mortgages may require you to refinance your home mortgage in order to add your spouse’s name. The first step is to assess the spouse’s credit score, debt ratio and other qualifying factors provided by the mortgage companies to qualify for the loan. You may then negotiate with your existing mortgage company and ask what the requirements to refinance your mortgage are so that the new occupant can be added to the loan and the deed. Also you may ask the mortgage company for the current interest rates. If you are staying with the same mortgage company, you may request them to make the change without incurring refinance fees. You may also like to research various lenders to help you decide whether you want to stick with your current mortgage company or find a new one offering better terms.

Real estate documents can be confusing, especially when dealing with a mortgage. There are a number of documents that deal with conveyance, or the transfer of ownership from one person to another. The different deeds protect the grantor and the grantee. However, to add a spouse to the title of your home, you may need to use the quit claim deed. A quit claim deed will legally transfer property ownership, but doesn’t acquit the homeowner who has filed it from the responsibility of paying off the original loan. For this, you may have to hire a real estate attorney or pay a notary public a one-time fee. One of these persons is needed to complete the quitclaim deed that may be witnessed and signed by at least a notary public. Primarily you, as the grantor, may have to fill out your property address and name. Your spouse is the grantee and may have to complete this section. The notary public may have to witness this process, sign under the notary public section, and affix his stamp and embossed seal. The original goes with the notary public for recording or alternatively, you can record the deed yourself at the Registry of Deeds. It is ideal to make photocopies of the quitclaim deed for yourself and your spouse. The last step is to confirm that the deed was recorded at the Registry of Deeds. Or you may have to visit the Registry either online or at the physical address. Search by your name and property address to confirm that the deed you have signed is recorded with an official book and page number. This confirms it as a legal document where your spouse has been successfully added to your home mortgage.