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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: real estate titling question Posted by Lughead on July 11, 2010 at 6:06 AM In Reply to: Re: real estate titling question posted by hard money lender on July 10, 2010 at 11:52 PM i will assume this is in CA ... with a disclaimer that i am neither an attorney nor giving legal advice, these are my thoughts only ... based on your reply, i believe that the quitclaim was correct in 'guy' quit claims to ... the stuff after the comma is not normally included as the grantor if the divorce was final at the time the deed was executed seems that she would have be titled as 'unmarried' ... it may have been prepared before the divorce was final at which time she would have been 'married' with there being no issues since 1979, i would think that a deed from mrs guy who acquired title as sister grants to TRUST would work see what others come up with or give Ward a quick call to confirm ... the main matter we concern ourselves with is whether the title co will be comfortable issuing title later ... and they are not all the same ... one may say no and another may say yes to the same matter best wishes Lughead : hi lughead, : thanks for the response. : the original joint tenancy grant deed was guy, a single man and sister, a single woman, as joint tenants : the quitclaim, which was prepared by lawyers was : guy hereby remises, releases and forever quitclaims to mrs. guy, also known as sister, a married woman as her sole and separate property. : on the quitclaim they only refer to her husband by name, and do not attach any title to him. they refer to my sister as a married woman. but in truth, the divorce settlement was finalized before the quitclaim deed was done. : this was all back in 1979. : i have checked with the recorder's office, and these are the only 2 documents affecting title. : regarding the title company, i was calling the company which we have title insurance already with. : i am not sure that i have any clout as to "i plan to use you in selling the property" ? : i really dont want to get her ex involved, if at all possible. i dont think it is necessary. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : i will assume this is in CA ... with a disclaimer that i am neither an attorney nor giving legal advice, these are my thoughts only ... based on your reply, i believe that the quitclaim was correct in 'guy' quit claims to ... the stuff after the comma is not normally included as the grantor : if the divorce was final at the time the deed was executed seems that she would have be titled as 'unmarried' ... it may have been prepared before the divorce was final at which time she would have been 'married' : with there being no issues since 1979, i would think that a deed from mrs guy who acquired title as sister grants to TRUST would work : see what others come up with or give Ward a quick call to confirm ... the main matter we concern ourselves with is whether the title co will be comfortable issuing title later ... and they are not all the same ... one may say no and another may say yes to the same matter : best wishes : Lughead : : hi lughead, : : thanks for the response. : : the original joint tenancy grant deed was guy, a single man and sister, a single woman, as joint tenants : : the quitclaim, which was prepared by lawyers was : : guy hereby remises, releases and forever quitclaims to mrs. guy, also known as sister, a married woman as her sole and separate property. : : on the quitclaim they only refer to her husband by name, and do not attach any title to him. they refer to my sister as a married woman. but in truth, the divorce settlement was finalized before the quitclaim deed was done. : : this was all back in 1979. : : i have checked with the recorder's office, and these are the only 2 documents affecting title. : : regarding the title company, i was calling the company which we have title insurance already with. : : i am not sure that i have any clout as to "i plan to use you in selling the property" ? : : i really dont want to get her ex involved, if at all possible. i dont think it is necessary. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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