Posted by Becca/FL on 1/28/05 11:59am
Msg #18561

Grant Deed vs. QCD - Paul/FL please respond

I received a pkg. today from a CA Title Co. for a FL property and in it was a Grant Deed instead of a QCD. I know CA uses GD's and FL uses QCD's. The GD does not have the verbiage that I have been told needs to be on a FL QCD re: homestead, etc. *

My question is this, will it record? My county recorders office could not answer. I have sent an email to Title but wanted some opinions and or back up.

*Disclaimer: IAM NOT AN ATTORNEY BUT, I USED TO WORK FOR ONE.

Reply by HisHughness on 1/28/05 12:11pm
Msg #18563

Becccccccccca caveats:

***Disclaimer: IAM NOT AN ATTORNEY BUT, I USED TO WORK FOR ONE.***

I am an attorney, and because I am an attorney, I seldom did any real work.

Reply by Becca/Fl on 1/28/05 12:20pm
Msg #18568

Where would the attornies be without paralegals?

Oh, I know. WORKING!

Reply by Ted_MI on 1/28/05 2:26pm
Msg #18604

Heh Hugh, you probably just shuffled papers a lot like I did. And now that I am in the nsa business I find myself still shuffling lots of papers!!

Reply by Julie-MI on 1/28/05 12:22pm
Msg #18569

I wouldn't worry about it--let's face it, the company will not remember you for going the extra mile.

If the deed won't record, let them pay you to go out a second time. Not your problem!

very often, Jon Turner an attorney from las vegas is contracted to do deeds for Michigan property. Very often they are incorrect and I just button my lip.

Keep in mind the recorder is a recording agency only THEY DO NO DETERMINE THE LEGALITY OF A DOCUMENT--that's up to the title company.

Reply by Becca/FL on 1/28/05 2:01pm
Msg #18592

Julie - you are right. I was just concerned for the borrowers. I'm so sick of the assembly line escrow cos. out there that don't do there due dilligence.

Reply by julie-mi on 1/28/05 2:28pm
Msg #18606

I hear ya, Becca.

Sometimes these closings belong with a local title company that would catch the grant deed/qcd thing. This is where the professionalism in closings can be very lacking.--not through our fault. With these out-state title companies obtaining licenses in other states, I very often find my Michigan folks signing things that are not enforceable here.

Reply by Ninna Mantooth-Lopez on 1/28/05 3:10pm
Msg #18615

Becca... just a thought... but I often get documents in that I think are incorrectly prepared... which is why I have a standard stamp that I stamp near my notarial section on anything and everything I notarize that states: "Document not prepared by notary. Notarized as to affiant(s) signature only." This will keep any third party person looking at a document you notarized from thinking you prepared it or had anything to do with it's preparation. I picked up this little tidbit from a real estate attorney I used to work for. When a person would bring in a document to our office that needed notarizing, the attorney I worked for always had me place this stamp on it when he didn't prepare it.

Reply by Becca/FL on 1/28/05 5:17pm
Msg #18645

Great idea, Ninna. Thanks!

Reply by Nd_WA on 1/28/05 4:20pm
Msg #18627

Not quite understand your question Becca, but a GD is adding someone to the title and QCD is removing someone from title.

Reply by Julie-MI on 1/28/05 4:44pm
Msg #18637

You can add or remove with a qcd.

We don't use "grant deeds" in my state, so I won't go there.

Reply by HisHughness on 1/28/05 4:57pm
Msg #18640

Quitclaim deed: One party surrenders any interest in property, whether that interest is recorded, contested, through inheritance or whatever, to another named party. Among the advantages are that the QCD carries no warranty that the title conveyed is good against others. The quitclaimer simply says, "Here, I don't want it. It's yours, even if there is no 'it.'"

Grant deed: Conveys a specifically named interest in property to a specific person. In Georgia, that was done by a 'warranty deed,' which warranted the title conveyed against any challenge except any enumerated potential defects. I assume that a grant deed can convey title without warranting it.

Good deed: Act of kindness performed by Boy Scout.

Reply by HisHughness on 1/28/05 5:21pm
Msg #18647

I failed to add to the post on QCDs that there is -- or at least there was -- a query in the Signing Registry signing agent exam which, as I recall, was a true-false question on the statement, "A quitclaim deeds conveys an interest in property." I allegedly got it wrong, according to the Signing Registry, because I said that it did not, which is indeed the case: If the quitclaimer has no interest in the property, a quitclaim deed conveys absolutely nothing. When I pointed that out, the SR apparently did nothing; did not, in fact, even acknowledge my note. One of the reasons I have reservations about the SR.

Reply by Julie-MI on 1/28/05 9:56pm
Msg #18696

this better post in the right spot darn it!

A qcd does not mean the property was necessarily surrendered by the grantor.

A qcd is often used for those that don't want a trust and don't want to inflict probate costs to their heirs or benefactors.

Many times, people will issue a qcd to themselves and their children--they didn't remove their names, they just added their kids names to the property. When they die, the survivors record a certified copy of the death cert. and whaa la, probate is avoided (assuming the deed preparer stated joint tenants with full rights of survivorship; not tenants in common).

A qcd just implies there is no warranty; so if the property has any mortgages, liens, state or federal tax liens or unpaid property taxes, the grantee gets all the headaches.!

Reply by sue on 1/29/05 10:21am
Msg #18731

???

not in PA. Your sentence makes no sense. are you saying you do 2 deeds for each conveyance, one to add one to remove? In my state, one deed does both acts. The two types of deeds you are referring to both do very different things and have very different legal ramifications. If I am paying money for a piece of property there is no way I am going to accept a quit claim deed from anyone just to remove their name - I want them conveying their interest and them warranting they have a legal interest.

Reply by PAW_Fl on 1/28/05 8:14pm
Msg #18674

Typically, Florida does not use a Grant Deed to convey ownership of property. It should still record because a Grant Deed implies certain warranties, much the same as a Warranty Deed or Special Warranty Deed which is what is more commonly used in Florida.

A Quick Claim Deed, does not imply any warranties when property ownership is conveyed. A QCD is simply a statement of disinterest by the grantor which may or may not have any validity. QCD's are commonly used to convey property from one owner to themselves and another owner, such as a spouse after marriage, or removing a spouse from title after a divorce.

For Hugh: re: QCD and transfer of interest -

The following is from the Florida Department of Revenue:

<quote>
Prior to recording a deed or other instrument transferring interest in Florida real property, a Return for Transfers of Interest in Florida Real Property (Form DR-219) must be filed with the clerk of the circuit court in the county where the property is located.

Examples of documents that may include a transfer of interest in real property include:

* Warranty deeds
* Quit claim deeds
* Contracts for timber, gas, oil, or mineral rights
* Easements
* Contracts or agreements for deed
* Assignments of contract or agreement for deed
* Gifts
* Assignments of leasehold interest
* Assignments of beneficial interest in a trust
* Deeds in lieu of foreclosure
</quote>

Please note that QCD's are considered an instrument transferring interest in Florida real property.

Reply by HisHughness on 1/28/05 8:37pm
Msg #18681

You just made my point, Paul. From your explanation:

"Examples of documents that MAY [emphasis supplied] include a transfer of interest in real property include..."

The subject item stated that a quitclaim deed transferred an interest in real estate, and asked if that was true or false. It did not state that a quitclaim deed "may" transfer an interest. There are many, many instances in which quitclaim deeds transfer no interest whatsoever.

That's like saying, "Poverty-stricken preachers are created by compulsive gambling." Such a statement is incorrect. A correct statement would be, "Poverty-stricken preachers may be created by compulsive gambling."

Reply by PAW_Fl on 1/28/05 9:10pm
Msg #18690

Kind of nit-picky, isn't it, Hugh? With that philosophy, I could contend that a Warranty Deed doesn't convey interest either, if the grantor doesn't have the interest in the first place. There is nothing stopping me from issuing a warranty deed for property I have no interest in. I could easily draft, sign and deliver a Deed to you, granting you the rights of ownership to Brenda's abode. Would that convey an interest. Absolutely not.

Reply by Dotti_CA on 1/28/05 9:15pm
Msg #18691

Probably wouldn't convey interest but would surely tee off Brenda!! Dotti

Reply by BrendaTX on 1/28/05 10:09pm
Msg #18698

Dotti surmised with near perfect accuracy: "Probably wouldn't convey interest but would surely tee off Brenda!!"

Said concept would in fact, tee me. But, you did not add that I am currently teed.

I have avoided this thread like the plague; and still, my good notary name is besmirched.

I get no respect.

Reply by HisHughness on 1/28/05 10:02pm
Msg #18697

Hardly nit-picky, Paul. When you sign a warranty deed, you convey the interest >>named in that deed<< and warrant that you will defend the conveyance against any challenges. That is far from the case with a quitclaim deed, in which you say "If I have an interest, whatever it may be, I give it to you, but I am not claiming any particular interest in this instrument and I will NOT defend the conveyance against challenges." Next time you buy a home, ask your lawyer if it would be okay to accept a quitclaim deed from the previous owner as opposed to the more typical warranty deed.

The nit-picking, it seems to me, is on your part, and it is incorrect nit-picking at that. The problem could be cured and the statement in question rendered totally accurate by inserting one word: A quitclaim deed MAY convey an interest in real estate.

Reply by sue on 1/29/05 10:29am
Msg #18733

I'm going to disagree here. In PA we also use warranty deeds (special or general). If you give me a warranty deed for Brenda's property, you are in a world of trouble (and so is my lawyer for letting me accept that deed) because you are telling me you own the property and you are warranting the title per the type warranty (the special or general - I want the general which makes you defend the property basically from the beginning - the special you defend it during your ownership). Anyway, if you give me a quit claim deed for Brenda's house it doesn't really matter because you're saying 'if I own any parts of this I'm transferring it to you'. You're not saying you own anything, just if you do.

I see these Quit Claim deeds in my packages all the time between spouses. You'd better believe if I were getting divorced I'd not accept a quit claim deed from the dirty snake I was divorcing - I'd want him warranting to me he's done nothing to effect his ownership of the property.