Posted by RhondaFL on 9/27/05 8:58am
Msg #67522

Signe Notorize or Not QCD Party Deceased

Do I have the QCD signed and notarized when the one party is deceased, the daughter and husband already fed ex the death certificate to Loan CO. and they sent a QCD anyways???

Reply by PAW_Fl on 9/27/05 9:06am
Msg #67524

Assuming the deceased owner is a grantor, how, pray tell, would one get his/her signature on the QCD? Since you only notarize signatures, it may be difficult.

This is assuming (there's that word again), that the QCD names the deceased as a grantor. You need to determine who the signers (grantor) are as they are the one signing and you notarize the signers signatures.

Reply by RhondaFL on 9/27/05 9:37am
Msg #67532

the QCD reads This Indentrue, made this (date) by and between (name) and (deceased actual name not deceased) married/single, joint tenants, of the county of () in the state of ()
hereinafter collectively referred to as (name) and (deceased name) married/single jont tenants. "seller" and of the county of () in the state of ().

herinafter collectively referred to as (name) (name) husband and wife buyer

Witnesseth: that seller , for and in consideration of the sum of ($) dollars, and other valuable considerations. lawful money uf the usofa to seller in had paid by the buyer, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed to the buyer, buyer's heirs and assigns forever, all the rights, title interest and claim of the Seller in and t the followin described land in ()county, () to wit: see attached Ex A

to have and to hold, the above described premises, with the appurtenances, unto buyer, buyer's heirs and assigns forever.

in witness whereof, seller has executed this deed under seal on the date aforesaid.

signed, selaed adn delivered in our presence:

(name)
deaceased(name)

witness
etc.

Reply by PAW_Fl on 9/27/05 10:04am
Msg #67542

I would certainly ask the title company how they expect to have this deed signed and notarized considering one of the grantors is deceased.

Reply by RhondaFL on 9/27/05 10:16am
Msg #67549

thanks for your help, that same thought crossed my mind as well. I did search for on here for other info regarding same, but none to close to this.

Reply by Becca_FL on 9/27/05 11:40am
Msg #67580

Sounds like Title may be trying to skip probate on this one. Let me guess, Assembly line Escrow???

Reply by DonR_NYC on 9/27/05 11:11am
Msg #67568

Double check the QCD. A lot of times with NYS QCDs there is a line that reads something like "John Smith and Jane Smith, husband and wife, or survior grantors..."

Reply by RhondaFL on 9/27/05 8:52pm
Msg #67697

Worse case scenerio is, the whole loan package, 150 pages is being sent back so the LC can do a deed and the ss will call me again once the package is redone, ??? see if this happens, that they call me? I'll send a bill anyways, I stayed up past midnnight last night with these people to get this signed and they were fussing at each other about the whole signing process not really wanting to do it, maybe it is a blessing for the signers???? ha ha.LOL