Quit Claim Question.
I just got a contract signed on a property to purchase, There is the seller, his wife and an x-wife that is out of state that he did a quit claim to and that has a second mortgage on the property soley in her name.
How do I get her to do a quitclaim deed to me (my company)? And/or Should I have her quit claim it to me or to her X husband?
How do I go about making it legal when the form needs a notary to sign and she is out of state?
I am in Florida and the X wife (not mine) is in Washington.
I need it fast........ I have a contract on the house and am turning it over quick.
Thank You for your help.
Overnight her the paperwork and include with it a return overnight pouch. Make sure that they know to sign it and also get it notarized.
BTW, how come you're not getting a signed Deed from the owners? Make sure your getting the correct forms signed so you don't lose the ddeal.
Why would I get a signed Deed from the x-husband and new wife if I have the house under contract?
Should I have?
From what you have written, the husand and new wife are only occupants of the property. Your post indicates that the husband had quit cliamed the property to the EXwife. SO the ex wife would technically be the only person to deal with. I hope you have checked you chain of tilte..
[addsig]
Actually he had just quit claimed her a portion of the property. I think it was just the 2nd mtg amt.
Title search has been done.
You lost me.
, his (present) wife, and his ex-wife.
Who is on the deed? The seller (hereinafter "the guy"
If the guy and his ex-wife were divorced then her marital claim to the property would have been adjudicated in the divorce decree. To be safe, I would take a look at that document first. I assume that the quit claim deed that you refer to would have conveyed her interest in the property to her ex-husband, i.e. the seller. Quit claim deeds are commonly used to convey interest as a result of a divorce.
Assuming that any remaining interest in the property was properly conveyed by the quit claim (again, I would look at the marital decree) then, depending on whether or not the house is considered the guy's homestead (i.e, where the guy and his new wife live) you will probably only need to get the guy's signature. To be safe I would get both his and his new wife's signature.
J
Dave
Make sure that all deeds are notarizxed by signers, whoever they are. Deeds are not recordable anywhere, to my knowledge, if NOT notarized.
And NPs are in every state. Not just in FL. Why we even have them here in the "wild west" state of WA.
So don't pay until you receive notarized deeds.
Where are NPs? All title companies, check cashing offices, most banks, to name just a few.