Can a home seller sign two deeds to a person.

Hi my name is James and I think I did a boo,boo I had a homeseller deed me his property through a quit claim form and not a warranty deed. First of all I choice quit claim because he was married, but I later found out that he is the sole owner of the deed so his wife signature was not neccessary. They are willing to deed me the property through a warranty deed but a lawyer my partner consulted with says we can not do that because if they signed a warranty deed as well they can say they that they signed under duress. Also does the wife have to sign even though she is not on the deed. and how do I include how much I will pay them for the deed in the language of the deed. I am confused I should have just sign a purchase contract. I am planning on flipping this property and don't want any problems. Any help is definetly appreciated. P.S. I haven't recorded the deed but it has been notarized.

Comments(4)

  • YourMortgageBroker11th January, 2003

    How much is the property worth? Is there any mortgage existing with the property? Are there any other liens besides the mortgage? If you are picking this property at .70 - .80 cents on the dolllar. You might want to consider staying with the property and refinance. You should be able to pull a good positive cash flow depending in your area.

    ~Josh

  • bigdredd12th January, 2003

    The house is about to foreclosed on in 45 days I don't have time for refinancing.

  • DaveT15th January, 2003

    bigdredd,

    Take the quit claim deed to a title company and ask them if they will insure title. If they will, then you may not have a problem at all.

  • drgnstr30th January, 2003

    I heard that (in Florida anyway) that even though a spouce is not on the deed they still have to sign if they both live in the property. Is this true?



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