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Affidavit of Uninsured Deed

January 18, 2016 10:05AM

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.


Subject Author Views Posted

Title issue

Andrew 4840 January 16, 2016 05:12PM

Affidavit of Uninsured Deed

Ward-CA 3835 January 18, 2016 10:05AM

Re: Affidavit of Uninsured Deed

Andrew 2806 January 19, 2016 06:07PM

No, ten years is long enough...

Ward-CA 2923 January 20, 2016 08:46AM

Re: Affidavit of Uninsured Deed

Andrew 3355 January 20, 2016 11:20PM

It's just a nimeity...

Ward-CA 2782 January 22, 2016 08:45AM

Thank you, Ward

Andrew 2612 January 22, 2016 08:57AM

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