Title issue Hi On Quit Claim deed, John Dole and Jane Dole, Joint Tenants Jason Smith and Emily Smith, Joint Tenants quit claim to John Dole and Jane Dole as Joint Tenants Problem is that only Jason Smith and Emily Smith sign as grantors, and didnt get John Dole and Jane Dole to sign. Can escrow deal with issue like this or need title officer ? Thanks for your help. Andrew http://www.foreclosureforum.com/board/read.php?2,1839,1839#msg-1839 Sun, 13 Sep 2026 12:52:47 -0700 Phorum 5.2.15a http://www.foreclosureforum.com/board/read.php?2,1839,1935#msg-1935 Thank you, Ward http://www.foreclosureforum.com/board/read.php?2,1839,1935#msg-1935 Andrew Foreclosure Forum Fri, 22 Jan 2016 08:57:37 -0800 http://www.foreclosureforum.com/board/read.php?2,1839,1934#msg-1934 It's just a nimeity... http://www.foreclosureforum.com/board/read.php?2,1839,1934#msg-1934
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Andrew
Hi Ward

Yes, after speaking with a few title officers, the don't require Affidavit of Uninsured Deed since the recorded quit-claim deed took place such a long time ago.

Is it necessary to have BOTH the Smiths and the Doles sign the deed " ? Or it is sufficient to have just the Smiths who gave up interest sign the deed ? To me, the latter works as well. Just want to see your thought on this. Thanks again.

Andrew


No, it wasn’t necessary for the Doles to be included, as additional grantors, on the deed that transferred the Smiths’ interest in the property to the Doles. But it didn’t materially affect anything either. Including the Doles is treated as mere surplusage.]]> Ward-CA Foreclosure Forum Fri, 22 Jan 2016 08:45:47 -0800 http://www.foreclosureforum.com/board/read.php?2,1839,1843#msg-1843 Re: Affidavit of Uninsured Deed http://www.foreclosureforum.com/board/read.php?2,1839,1843#msg-1843
Yes, after speaking with a few title officers, the don't require Affidavit of Uninsured Deed since the recorded quit-claim deed took place such a long time ago.

Is it necessary to have BOTH the Smiths and the Doles sign the deed " ? Or it is sufficient to have just the Smiths who gave up interest sign the deed ? To me, the latter works as well. Just want to see your thought on this. Thanks again.

Andrew]]> Andrew Foreclosure Forum Wed, 20 Jan 2016 23:20:34 -0800 http://www.foreclosureforum.com/board/read.php?2,1839,1842#msg-1842 No, ten years is long enough... http://www.foreclosureforum.com/board/read.php?2,1839,1842#msg-1842
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Andrew
Hi Ward

Yes, the intent of the quitclaim deed was to have the Smiths transfer their interest in the property over to the Doles. And the transfer was done among the owners without the benefit of insurance.

The Quit Claim deed was actually recorded more than 10 years ago. At that time, the owners weren't aware of doing the Affidavit of Uninsured Deed until it was brought up by an investor. Is it still necessary to do the affidavit since the deed was recorded so long ago ? I'm not even sure if all the owners can be located right now.

I will be contacting title companies in regard to this. Thanks for your advice. Andrew



No, after the passage of time, and 10 years is long enough, title companies won’t be that concerned with the gap in title insurance, That’s because 10 years is more than enough time for any aggrieved party to have stepped forward and complained about the transfer to the Doles by now.

However, though they might waive the need for the affidavit now, they will probably want a Statement of Information from the Smiths and the Doles to more capably run them through their internal General Index to check for any “negative liens” such an abstract of judgment, IRS liens, divorce decrees, bankruptcies, etc.

But again, with the passage of time even those negative items go poof after 10 years.]]> Ward-CA Foreclosure Forum Wed, 20 Jan 2016 08:46:16 -0800 http://www.foreclosureforum.com/board/read.php?2,1839,1841#msg-1841 Re: Affidavit of Uninsured Deed http://www.foreclosureforum.com/board/read.php?2,1839,1841#msg-1841
Yes, the intent of the quitclaim deed was to have the Smiths transfer their interest in the property over to the Doles. And the transfer was done among the owners without the benefit of insurance.

The Quit Claim deed was actually recorded more than 10 years ago. At that time, the owners weren't aware of doing the Affidavit of Uninsured Deed until it was brought up by an investor. Is it still necessary to do the affidavit since the deed was recorded so long ago ? I'm not even sure if all the owners can be located right now.

I will be contacting title companies in regard to this. Thanks for your advice. Andrew]]> Andrew Foreclosure Forum Tue, 19 Jan 2016 18:07:24 -0800 http://www.foreclosureforum.com/board/read.php?2,1839,1840#msg-1840 Affidavit of Uninsured Deed http://www.foreclosureforum.com/board/read.php?2,1839,1840#msg-1840
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Andrew
Hi

On Quit Claim deed,

John Dole and Jane Dole, Joint Tenants
Jason Smith and Emily Smith, Joint Tenants

quit claim to

John Dole and Jane Dole as Joint Tenants

Problem is that only Jason Smith and Emily Smith sign as grantors, and didnt get John Dole and Jane Dole to sign.

Can escrow deal with issue like this or need title officer ? Thanks for your help. Andrew



Andrew, it looks like the intent of the quitclaim deed was to have the Smiths transfer their interest in the property over to the Doles. If that’s the case then your deed accomplished that task.

However, it appears that the title transfer of the Smith’s interest to the Doles was done without the benefit of title insurance.

If that’s the case it would behoove you to get the Smith’s to sign an Affidavit of Uninsured Deed wherein they attest to the fact that they intended to voluntarily sign over their title interest in the property to the Smiths, and did so free of any coercion or duress.

Go to a title company, or alternatively an escrow company, to have them prepare their version of the affidavit and then also notarize the Smiths’ signature thereon.

Though this task is bound to be a bit tedious, it’s best done earlier rather than later.]]> Ward-CA Foreclosure Forum Mon, 18 Jan 2016 10:05:09 -0800 http://www.foreclosureforum.com/board/read.php?2,1839,1839#msg-1839 Title issue http://www.foreclosureforum.com/board/read.php?2,1839,1839#msg-1839
On Quit Claim deed,

John Dole and Jane Dole, Joint Tenants
Jason Smith and Emily Smith, Joint Tenants

quit claim to

John Dole and Jane Dole as Joint Tenants

Problem is that only Jason Smith and Emily Smith sign as grantors, and didnt get John Dole and Jane Dole to sign.

Can escrow deal with issue like this or need title officer ? Thanks for your help. Andrew]]> Andrew Foreclosure Forum Sat, 16 Jan 2016 17:12:00 -0800