Posted by cms_mi on 9/24/05 8:01am
Msg #67091

QuitClaim Deed

I received edocs last night at 11:30pm for a noon closing today. In the pkg. was a Quitclaim Deed, which I have had no experience with. The wife is signing off to the husband. There is no signature line for the wife. Also, the only "notarial" wording is "Sealed and Delivered in the presence of:_______. Of course the company that hired me was gone by the time I received the docs. I called the after hours support number and he said to add the wife's name and "notarize the paper". My question is this....do I attach a loose acknowledgement cert? Or just sign the apparent witness line?
I suppose I should know this, but in the 100 signings that I have done, this has never come up.
Also, the wife's name was not on any of the documents. I explained to the support guy that in MI the non borrowing spouse needs to sign the Mtg, Riders, TIL and RTC. He said that the QCD takes care of that, and that she should NOT sign any of those. I told him that I REALLY think that she should sign those, and he said to leave it to the Title Co. to take care of after the signing!
Any advice would be very appreciated.

Reply by PAW_Fl on 9/24/05 8:15am
Msg #67092

The QCD is being used for the wife to "quit claiming" any interest in the property. Therefore, once the QCD is filed, she would have no further interest in the property and would not need to sign any of the documents.

As for the QCD itself, there must be a place for the grantor (wife) to sign. How else would the document be effected? Typically, QCD's must have the grantor's signatures notarized. (I've never seen one that didn't.) The notary certificate is usually and acknowledgment, but you must be told by the document custodian, author or recipient what needs to be attached.

Don't try to make this harder than it is. If the QCD is not valid, it's not your responsibility. It is the title company's job to get it right. Let them worry about it.

Reply by cms_mi on 9/24/05 8:23am
Msg #67093

Thanks for the response. I figured that I was probably making this worse than it is! So you would just sign the QCD and let it go at that??? Not worry about sealing it?

Reply by PAW_Fl on 9/24/05 8:27am
Msg #67094

Please email me with your phone number and fax the QCD to me. Then I can see what you're talking about and hopefully provide you some direction.