Posted by temo martinez on 12/9/05 11:40am
Msg #81441

question

... I am new at this and can't find the anser to this question... (for a test) Mrs. Dalloway wants to add her daughter Marcie to title on her property. What document would the escrow officer include with your documents to accomodate Mrs. Templeton's request? Which person would sign this document before completing your Notary? Please help me out... Thanks

Reply by Art_MD on 12/9/05 11:44am
Msg #81445

Try a quit claim deed. Most require both signatures.

Art

Reply by temo martinez on 12/9/05 11:45am
Msg #81446

thanks

Reply by Charles_Ca on 12/9/05 12:05pm
Msg #81453

Re: question?!?

I dunno Art. A quit claim deed gives up any and all interest in a property a person might have while a grant deed grants rights ina property. A grant deed may convey partial ownerhip or ownership in common and include different vestings. However I personally believe that people should find out the answers to their own test questions.

Reply by Art_MD on 12/9/05 12:19pm
Msg #81459

Re: question?!?

A quit claim deed can be used to either delete OR add someone to title. I've had several in closings. One in particular.... property in name of husband only. Got married, added wife to title.
Grantor Mr Brown,
grantees Mr Brown and Mrs Brown

Art

Reply by Charles_Ca on 12/9/05 12:31pm
Msg #81467

Re: question?!? I don't know about MD

but by virtue of its very name, in California a Quit Claim deed is used to release (or Quit) any claim that may be had in a property. That claim may have value or it may be valueless and so frequently the Quit Claim Deed is used in adverse possession situations where color of title is a requisite of the claim of adverse possession. In California a grant deed as it 's name suggests grants a possessory interest in one's property and may be held numerous ways thereby granting partial or complete interest.

I can see where one may state that a Quit Claim Deed gives the holder interest in the property but it grants all of the interst in that property. In California we use an Inter-spousal transfer to add or remove spouses from property since an interspousal transfer does not trigger any taxation issues.

We may be both right depending on the laws of the varous States involved. I can only speak for the State of California since I am only licensed to practice real estate in the State of California

Reply by Art_MD on 12/9/05 12:31pm
Msg #81466

Re: question?!? Charles in CA

this site I found list several varieties of CA quit claims - including 2 people as grantees. Can't read em without paying (I don't think) but, it does indicate the forms exist.
http://www.nupplegal.com/california-deed-forms.html

Art

Reply by BrendaTx on 12/9/05 12:09pm
Msg #81454

Hmm - I'd have said something else.

Maybe I need the lesson.

A quitclaim can actually ADD to the title? How so? I thought that would get you off a title.

[btw - Art's more informed than I am about such as this so I am trying to learn something here, also.]

Reply by Art_MD on 12/9/05 12:21pm
Msg #81460

What probably is misleading is the "assumption" that the ower is quitting his claim on the property in favor of someone else. That someone else can be him and another or others (or a trust, corporation etc.)

Art

Reply by Calnotary on 12/9/05 12:23pm
Msg #81462

I had that situation before too. The owner Pancho Villa quitclaims to Pancho Villa and Pancha Villa.

Reply by SueW/Tn on 12/9/05 12:26pm
Msg #81464

yep yep, had one last week

Husband had never been on deed, wife did the quit claim...new DOT has him listed...seemed simple and "uncluttered" that way

Reply by NM_CO on 12/9/05 12:31pm
Msg #81465

Re: yep yep, had one last week

I've been quit claimed onto our investment property in the past. It's for adding or deleting.

Reply by Charles_Ca on 12/9/05 12:46pm
Msg #81469

Again, I can not speak to your individual State's Laws but

California defines a Quitclaim Deed as "A deed which conveys whatever present right, title, or interest the party executing the deed may have.

The key is in the word whatever, In California a quitclaim deed conveys whatever rights one may have, in toto, nothing more and nothing less. In soe escrow situations it may be sued to clean the slate but without another deed conveying some rights the individual can not be used to convey partial rights.

Again, since I am only licensed to parctice in Califiornia I can not speak to other States requirements.

Reply by Art_MD on 12/9/05 12:50pm
Msg #81471

Re: Again, I can not speak to your individual State's Laws but

but it doesn't say that he can't convey it to homself and others.

Art

I will try and find you a copy of one that conveys from an individual to 2 people.

Reply by John_NorCal on 12/9/05 12:49pm
Msg #81470

Re: Charles is right as far as California goes.....

As Charles said earlier, each state has it's own laws. In California we would use a grant deed when adding another person onto the title. I have yet to see a quit claim used to add someone else to title and keeping the original title holder on title.

Reply by Art_MD on 12/9/05 12:58pm
Msg #81473

Re: heres where you can get a CA..

quit claim deed to transfer property from husband to husband and wife.

http://www.uslegalforms.com/products.php/CA-016-78.htm

Art

Reply by BP/WV on 12/9/05 12:55pm
Msg #81472

Re: question - ART

Yes Art, I do recall using QCD's to add to the title in MD, we also do this in WV. I have notarized many.

Reply by Charles_Ca on 12/9/05 1:08pm
Msg #81476

OK Guys & Gals, The question was asked by a California

Notary. First of all how many of the posters are licensed to practice real estate in California? Secondly, how many of youare attorneys or real estate licensees? Thirdly Art keeps quoting a document on a documents for pay at a self help legal service which he has not seen. California law is quite clear on the use of a quitclaim deed. If youcan quote California Law to the contrary please do so and lets cut out the Bull!

Reply by Art_MD on 12/9/05 1:11pm
Msg #81479

Re: OK Guys & Gals, The question was asked by a California

please give chapter and verse backing your statements since you want citations

Art

Reply by Charles_Ca on 12/9/05 1:57pm
Msg #81485

OK, here's the definitive statement on the subject!

I just checked with the California Association of Realtors Legal Team and several escrow officers I work with. I am told that yes, the quitclaim form can technically be used to add a spouse by the grantee granting the quitclaim to himself and his spouse, and it is recordable. The caveat comes in that it may be defeasable and should not be used for that purpose, a warranty deed should be used in California. The quitclaim deed may also trigger a reaction from the lender since most lenders have recorded requests for notification of changes in status of the title.

Reply by Charles_Ca on 12/9/05 2:16pm
Msg #81487

Here's an interesting additional comment

From another attorney. In California any deed that uses the word "grant" is automatically a grant deed and carries with it two implied warrantees:

1. That the grantor has not previously conveyed title to anyone else, and

2. That the grantor has not caused any encumberances to attach to the property other than the ones disclosed on the deed.

The quitclaim deed carries absolutely no warrantees.

Reply by Charm_AL on 12/9/05 1:09pm
Msg #81477

I also have done the quit claim to add a wife. It was strange because I thought we used them to take someone off. I guess it's different in varying states like everything else. Alabama is a mortgage state.

Reply by sue_pa on 12/9/05 3:14pm
Msg #81501

I disagree w/the common use of Quit Claim Deeds but the documents put in front of me aren't my concern. My guess is that the companies aren't preparing warranty deeds because they aren't in a position to render a legal opinion to the property owners of what is in their best interests. the QC deeds accomplishes vesting for the purpose for their client, the lender.

Reply by Charles_Ca on 12/9/05 3:25pm
Msg #81507

Exactly, as notaries our job is quite simple! NM

Reply by BrendaTx on 12/9/05 6:03pm
Msg #81540

Re: question - with Sue....Art & Charles THANKS

I love a good lesson on the forum. We have had two discussions lately and that's so nice compared to "Brenda, You are RUDE." Well, maybe I learned it from sue...and a few other things also, thank you very muchl

ANYHOW...

Sue and I think alike on QC Deeds and GWD or WDs.

Where I cut my teeth on property, the QC deed is recommended for no use. Not even letting go of title. Why? Well, a warranty deed is better because the grantor is warranting that no damage has been done to title. (Isn't that correct..??.) QC does not. If you have a QC you might be passing on a debt attached to the property. Warranty deed is not supposed to

I know that QCs are really frowned upon in Tx. I see GWDs in my packages.

Isn't there a better way to say the difference?