Posted by Juanita Rios-Franco on 3/3/09 9:08pm
Msg #279399

QUIT CLAIM DEED

DO BOTH PARTIES LISTED ON QUIT CLAIM DEED NEED TO SIGN THE ACKNOWLEDGEMENT FORM.

Reply by davidK/CA on 3/3/09 9:51pm
Msg #279402

The Grantor(s) sign the QCD, not the Grantee(s).

Examples:

Husband and Wife to Husband and Wife (to fix names on title): both H&W sign QCD.
Husband to Wife (wife now has title from Husband): only H signs QCD.

Does that help?

Reply by sue_pa on 3/4/09 7:09am
Msg #279415

wrong

That is a 'signing agent' answer, not a title answer. Different companies, for whatever reason, do it different ways. I see just as many where, in your example, both would sign if the deed was going from H & W to just W.

The answer is your client decides whose names go on the documents. As the notary, there should be no question as to who signs if you can read the document and your signers have functioning brain cells.

Reply by davidK/CA on 3/4/09 11:14am
Msg #279442

Re: wrong

Thanks for the unnecessary flame.

I was trying to answer a question from someone who obviously had very little NSA experience or fluency in the common language and thus was unable to adequately describe the problem in a way that most people would understand the question. So I took a shot at a logical answer to what I interpreted to be the question trying to help.

You are describing a situation where H&W are both currently on title, and wish to transfer their collective title to just one of them. In that case both H&W (as Grantors) would sign the QCD to transfer title. The Grantee's signature (who happens to be in real life the same person as one of the Grantors) would not sign their name as Grantee, having already signed as a Grantor. That was not a situation I was illustrating.

My second example that you apparently objected to was clearly applicable only when H had exclusive title and was transferring that title to the W.

Perhaps you failed to notice that the question came from CA. Laws and procedures may be different in PA so "your mileage may vary."

Reply by sue_pa on 3/5/09 8:00am
Msg #279571

Re: wrong

sorry david but it's not "unnecessary" in my eyes. This person clearly doesn't know what they're doing ... that's why they asked for advice ... and it appears they didn't even know how to phrase the question so that anyone knows what they really wanted. You gave legal advice that CLEARLY crosses a line. You do not know the circumstances of the individuals or what is involved in their legal dealings. You can see the same situation 100 times and time 101 something different will be done. The advice on ALL title work, no matter how much we "know" is ask the client. NEVER attempt to guess or do what we see "most" times.

Reply by Linda_H/FL on 3/4/09 7:28am
Msg #279421

Unless I'm reading his post wrong or he phrased it

incorrectly...neither party signs the acknowledgment form - the notary does..

Reply by Linda_H/FL on 3/4/09 7:28am
Msg #279422

Oops...HER post and SHE phrased...sorry...:) n/m

Reply by Shoshana Roller on 3/4/09 8:49am
Msg #279424

That was my thought, too, Linda. n/m

Reply by BrendaTx on 3/4/09 8:52am
Msg #279426

Unless the OP is looking at a form entitled "Acknowledgment

For _____ "

Acknowledgments on legal docs can be notary certs or acknowledgments of receipt of information/literature, etc.

Reply by jba/fl on 3/4/09 10:25am
Msg #279439

So again we have a case of NEI instead of TMI which is easie

to discern correct answer.

NEI - not enough information
TMI - too much info

Reply by Letty Marquez on 3/4/09 12:43pm
Msg #279459

I agree with you David

Reply by JanetK_CA on 3/5/09 2:15am
Msg #279550

I'm pretty sure that at some time in the past I have seen a QCD that had a grantee signature. There may have been extenuating circumstances (e.g. property liens - don't know, I'm just guessing here) that required the grantee to accept responsibility of ownership, but even though what David says is what I normally see, I wouldn't be prepared to state unequivocally that it is true across the board. Do either you or David know this from legal experience or former title co work or is this just based on what you've seen?

Reply by Linda_H/FL on 3/5/09 10:24am
Msg #279604

obviously the execution of any deed of conveyance is state-specific...in all my 25 years as a real estate paralegal in CT I've never seen the Grantee have to sign the QCD, WD, or any other conveyance document. Statements as to "acceptance of property liens, etc" by the Grantees is included in the deed by way of a paragraph stating "said property is <conveyed> subject to..." and goes on to outline any specific liens/encumbrances on the property that remain on the property in the conveyance. Never have I seen the Grantee have to sign that they accept them.

Again, must be state-specific.

Reply by SheilaSJCA on 3/4/09 11:15am
Msg #279443

sounds like a test question n/m