Re: florida quit claim deed question (clarification)
McGyver
message news:vegi90tugb7u13e6t...@4ax.com...
> i have been advised by my potential refinancing lender that i need a
> quitclaim deed in order for them to approve my refinance of home
> equity line, heres some details.
>
> i bought my home in 1996 and paid it off in 2000.
> i married a woman in 2002, now divorced in 2004
> her name was never on the house deed property taxes anything except
a
> home equity line with chase wich we got together in 2003,
> i am refinancing to pay off the chase home equity line, and cancel
it,
> thus canceling her name on it.
> the new refinancing bank, recognizes that we are divorced, and i
have
> provided final divorce paperwork to them, they are ready to approve,
> but say that i need a quit claim deed with legal terms they need to
be
> sure she does not have part ownership of the house.
> my ex wife stated she wants nothing to do with the house, it was
> fairly clear in the simplified divorce paperwork, but i guess it did
> not use the exact terms they needed.
>
> i did some internet searching for quit claim deed, lots of places
> selling the forms i need, GREAT! but im not sure wich i need grantor
> or grantee? whatever.
> i am good with paperwork, as we both managed ot do a simplified
> divorce no problem, but the legal wording of the different kinds of
> this form are a little confusing.
>
> what type of quit claim deed form do i need to buy?
> and do i just need to have it notorized by my wife and me, or do i
> need to take it to the county, or is it ok with us signing it?
Your ex wife is the grantor. You are the grantee. The quit claim
deed would be signed by your ex wife only. The signature probably
should be notarized. I don't know your state's laws on that point.
In any case, notarization can't hurt.
I'm not saying that the bank is right, that this deed is necessary.
But they have the right to decide that it's one of their requirements.
Not all banks are alike.
McGyver
Chad Hampton
to sign it in the presence of a notary. You should record it at register of
deeds office in the county. This is a simple deed, just go to the
courthouse and look at some to get an idea of the local practices. You
should not need to buy a form. It should be something like the one below.
Please remember that this is not legal advice and you should consult an
attorney in your area before proceeding.
STATE OF FLORIDA COUNTY OF )
)
THIS INDENTURE, made the _________________ day of _________________ [month],
in the year _________________, between __your ex_____ [name and status of
grantor], of the County of _________________, State of _________________,
whose post office address is _________________, as party or parties of the
first part, hereinafter [jointly and severally] called Grantor, and
____you_______ [name and status of grantee], of the County of
_________________, State of _________________, as party or parties of the
second part, hereinafter [jointly and severally] called Grantee (the words
''Grantor'' and ''Grantee'' to include their respective heirs, legal
representatives, successors, and assigns where the context requires or
permits).
WITNESSETH THAT: Grantor, for and in consideration of the sum of $ 1 and
other valuable considerations, in hand paid at and before the sealing and
delivery of this Deed, the receipt of which is hereby acknowledged, by these
presents does hereby remise, convey, and forever QUITCLAIM unto the Grantee
the following:
_________________ [legal description of property conveyed] - you can get
this from the warranty deed you have for your property
TO HAVE AND TO HOLD the described premises to Grantee, so that neither
Grantor nor any person or persons claiming under Grantor shall at any time,
by any means or ways, have, claim, or demand any right or title to the
premises or appurtenances, or any rights thereof.
IN WITNESS WHEREOF, the Grantor has signed and sealed this Deed on the date
written above.
_________________[signature of grantor]
(SEAL)
[typed name]
_________________[post office address]
_________________[signature of grantor]
(SEAL)
"McGyver" <Grey...@msn.com> wrote in message
news:2fv918F...@uni-berlin.de...
Scott Hedrick
"john private smith" <jackofall...@hotmail.com> wrote in message
news:vegi90tugb7u13e6t...@4ax.com...
> selling the forms i need, GREAT! but im not sure wich i need grantor
> or grantee? whatever.
No, *not* "whatever"- it makes a difference. If you don't know the
difference, then don't do the paperwork. Hire a professional.
As it happens, I prepare deeds. I can't tell you what you need, however,
because that would be providing legal advice and I am not an attorney.
Christopher Green
news:<vegi90tugb7u13e6t...@4ax.com>...
> i have been advised by my potential refinancing lender that i need a
> quitclaim deed in order for them to approve my refinance of home
> equity line, heres some details.
>
> i bought my home in 1996 and paid it off in 2000.
> i married a woman in 2002, now divorced in 2004
> her name was never on the house deed property taxes anything except a
> home equity line with chase wich we got together in 2003,
> i am refinancing to pay off the chase home equity line, and cancel it,
> thus canceling her name on it.
> the new refinancing bank, recognizes that we are divorced, and i have
> provided final divorce paperwork to them, they are ready to approve,
> but say that i need a quit claim deed with legal terms they need to be
> sure she does not have part ownership of the house.
> my ex wife stated she wants nothing to do with the house, it was
> fairly clear in the simplified divorce paperwork, but i guess it did
> not use the exact terms they needed.
>
> selling the forms i need, GREAT! but im not sure wich i need grantor
> or grantee? whatever.
> divorce no problem, but the legal wording of the different kinds of
> this form are a little confusing.
>
> what type of quit claim deed form do i need to buy?
> and do i just need to have it notorized by my wife and me, or do i
> need to take it to the county, or is it ok with us signing it?
>
>
> jack
Usually, a quitclaim runs from grantor to grantee. The grantor is
giving up (quitclaiming) his or her interest in the property to the
grantee.
Some things to watch out for:
Florida has different forms, depending on just who the grantor and
grantee are. You will need professional assistance, at least to
determine who the grantor should be in your situation.
Florida has a considerable stamp (transfer) tax. You don't want to end
up liable for stamp tax on the value of property she didn't actually
own. You will need professional assistance to prepare a deed that
doesn't inadvertently cause you to owe a three- or four-figure stamp
tax bill.
I believe Florida deeds require two witnesses and a notary, and they
must be recorded with the county. Check with a lawyer on this.
--
Not a lawyer, don't do this without a Florida real estate lawyer,
Chris Green
Scott Hedrick
"Christopher Green" <cj.g...@worldnet.att.net> wrote in message
news:s1qka0hbgqldh0civ...@4ax.com...
> I believe Florida deeds require two witnesses and a notary, and they
> must be recorded with the county.
Two witnesses. Notary not required to be a valid deed, but necessary to
record.