I've recorded a quit claim deed with the probate office in Alabama. Is the property now legally transferred?

Question

I want to make sure I don't have to go through a real estate attorney or closing to make this deed binding.

Answer 1

Contact your attorney.

Answer 2

Not necessarily.  

Answer 3

Be careful on this one.  A quit claim deed is not a good way to transfer title.  A grant or warranty deed is stronger.  You need a lawyer's advice on this one.  A lot of lenders will not accept a quit claim deed as proof of ownership--you may need a quiet title lawsuit to establish ownership so, again, I say go see a lawyer.

Answer 4

If the person signing the deed actually was the actual owner of the property .... and the deed is recorded.....  the transfer is complete.

I recommend one more thing. GO to an escrow company near you.  Take an escrow officer out to lunch or bring her lunch.  Ask her if she will look at the deed for 1 minute and tell you if she would authorize a sale of the property using that deed as proof of ownership.  She may have to look at the county records but that may only take 1 minute. /

Answer 5

i wish not to be a wet blanket and I hope all goes well with you.

I am hesitant.  A quit claim is the weakest deed there is

cause "all" it says is "whatever I owe, I grant you."  It does not

state or prove that you gain anything cause the quit

does not assure that the giver has any right to whatever he

is transferring.

I was asked to check a quit claim deed for a friend 10 yrs ago; it

looked fishy. It was for 15 acres of government park land near

San Diego.  Thus, the quit had no meaning.

Anyone can quit anything to anyone, and few quits

have any meaning.   IF, on the other hand, there is a chain

of title that proves the giver has a warranty or other good deed,

then the quit is ok.

If your title company will give you title insurance on the quit

claim, you are in biz. I am claiming they will not.  YOU should

seek a warranty or other deed that specifies what is being

given and who the county court house has as the prior and

current owners.

LUck

Answer 6

Nope.

Quit claim deeds provides the LOWEST protection to title known to real estate law.

Transfer, to be fully legally binding, should have been done via a General Warranty Deed or a Special Warranty Deed.

Honey, you HAVE to go through an attorney when you do probate.

It's not binding, anyone else in your family that feels that they are entitled to the property can still file a claim and the quit claim isn't going to help you.

It's the WRONG legal instrument to use, translation:  Wrong form.

Answer 7

The former owner transfered  his or her rights to the property to you  when he or she gave the quit claim deed to you, if it was signed and sealed by him or her.  To transfer real estate, the deed must be signed, sealed(not required in many jurisdictions), and delivered.

Answer 8

hoginla, Try contacting a real estate attorney for assistance. You should be able to find one from this site: http://www.realestatelawyerlocator.com/A... I only have limited experience in Maine so I'm not familiar with Alabama laws and regulations.