Home Selling in Houston>Question Details

Triguytrey, Home Seller in Houston, TX

Will a quit claim deed remove the controling interest of a 2nd party on a property?

Asked by Triguytrey, Houston, TX Sun Mar 9, 2008

Will this satisfy all legel claims when I go to sell the house? I.e will I have sole ownership fo the title and be able to sell the house after this?

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6
Triguytrey,

Remember , if you take the advice of the agents that say go ahead and file the Quit Claim Deed you may remove the interest of the other party but who has interest or will have interest in that partys propertyYou have not removed any claims against the 2nd partys partys property.This is not something you know even if you are a relative. That is why we say always go to a Title Company or Attorney.
All a quit claim does is say - if I have any good claim to this property you may have it, if I have any poor or prejudiced claim to this property you may have that as well. Unless any transfer is done properly, future claims against that person can also affect the property.
Margaret
0 votes Thank Flag Link Sun May 25, 2008
Title companies in Texas will not accept a "Quit Claim" but instead will insist on a Special Warranty Deed at a minimum if title is to be insured. If the the 2nd party will sign a quit claim, just have an attorney draft a SWD instead and you should be in good shape. The cost should be around a hundred bucks.
0 votes Thank Flag Link Wed May 21, 2008
You need to ask an Attorney this question because we as Realtors are forbidden from answering any legal questions.
I will tell you that I have only experienced and heard of problems with quit claim deeds and if any relative asked me I would say NO.

Real Estate Attorneys attached to title offices do not charge much to make out the proper work. I hate to say it but we would not have real estate attorneys unless there was a reason, and you just found one of the biggest reasons.
0 votes Thank Flag Link Sat May 10, 2008
Assuming that it is filled out and recorded correctly, yes
0 votes Thank Flag Link Tue Apr 8, 2008
To be absolutely safe you really need to speak to a board certified real estate attorney. I just wouldn't depend on a non-notarized non-witnessed non-compensated signature to keep me safe.
0 votes Thank Flag Link Mon Mar 10, 2008
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
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A quit claim does not have title insurance. I do not know the details, however for a person to have clear title a quit claim can have problems. I am NOT a title officer...but I play one on TV (just kidding).
This is a question to be answered by a title officer or a real estate attorney.

If you are have hired a Realtor to help you in the sale, then ask them. If you are selling on your own...be very careful.`
0 votes Thank Flag Link Sun Mar 9, 2008
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
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