When I got divorced 5 years, my ex-wife got our house and I filed a quick claim deed. Now I have a lien against me which I am trying to resolve and she is trying to sell the house I quick claimed to her. She is stating that she can not sell it because I personally have a lien against me. The lien is not on the property but the title can not be transfered by the Title Company. I thought when you quick claimed your name was off the title, so she should not have any problems selling?
2006-09-14 11:46:18 · 4 answers · asked by Paul b 1 in Business & Finance ➔ Renting & Real Estate
It's actually called a "quitclaim deed". When you sign one of those, it basically says "Whatever claim I have to ownership of this property is hereby transferred to someone else".
If the lien is attached to the property, you should be free and clear. If it isn't attached to the property, then it shouldn't affect your ex-wife's ability to sell it. In my mind, you shouldn't have a problem, but I don't know the exact circumstances, and laws on these kinds of things vary from state to state anyway. Perhaps they're different in your state.
What you really need to do is contact the title company. Have your ex give you the name of the title officer who prepared the preliminary title report, and give that person a call. That person will know exactly what you need to do, and will probably be very happy to take your call - the title officer's job is to make problems like this go away, so the property can be sold :-)
Chances are you'll just need to sign some piece of paper, and that'll take care of everything. If anyone asks you to pay off the lien, consult with a lawyer. I'm betting that the lien does attach to the property, so it should be your ex's problem, not yours - but once again, I don't know the circumstances or the laws in your state, so I suppose anything is possible.
2006-09-14 11:58:50 · answer #1 · answered by Bramblyspam 7 · 0⤊ 0⤋
The term is "quit claim deed". It basically transfers rights (and risks) to the grantee (your ex). By signing the quit claim, you "quit [the] claim" that you have any rights to that property.
If you haven't already, I would definitely contact an attorney! I would think that your assumptions are correct in that a lien against you has nothing to do with whether or not she can sell the house. You should explore whether there may be a different reason as to why she says she can't sell. Don't go it alone. Get an attorney. Cover your "a s s-ets"!
2006-09-14 12:05:58 · answer #2 · answered by class act 4 · 0⤊ 0⤋
First, its "Quit Claim".
Second, if the lien is placed AFTER the deed has been recorded, they cannot record it against the property-- only you.
If the lien was placed BEFORE the deed, then she is reponsible. The downside of a quitclaim is it doesn't have all the title searches and guarentees of a warranty deed.
2006-09-14 12:04:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
not after the fact
2006-09-14 11:55:29 · answer #4 · answered by mike L 4 · 0⤊ 0⤋