What rights does an individual have in quick claim deeds?

Question

What if a person quick claim deeds a person a business and this individual did not have it notarized, nor has a clear title with their name on it? Can this person who was quick claim deeded this business legally and rightfully sell it?

Answer 1

Oh my goodness, this is a mess. There has to be a clear chain of title. I am the manager at a title company and I'll tell you that the new owner is going to have a hard time finding any title company to insure that sale. We make it a practice in my office not to insure anything without a logical chain of title. As for the quit claim deed, if it's not notarized and recorded in the local Register of Deeds office then it's not technically legal. The title company won't be able to find it as public record and the sale will be dead in the water. What they need to do it reexecute the deed and have it notarized and recorded and then the new owner can sell the property. What a quit claim deed does is transfers the property but if the former owner still has a lien on the property then they are both responsible for the payment of that lien unless the new owner refinanced into a new loan with just his or her name on it.

Answer 2

A problem might be that when the person quit claim deed their interest had a lien placed on it or some how else had a clouded title, thus the quit claim just transferred the clouded title from 1st person to 2nd person, the second person will needed to get clear title to sell, the notarized would come into play if the 1st person is fighting the transfer

Answer 3

They have to legally own it themselves first and then the quit claim deed would have to be notarized. Otherwise, it is just a piece of paper with words but no power.

Answer 4

Who pays the taxes on it?? Call the county court house (maybe treasurer--at least they could tell you who and where to find this information)