Does a quitclaim deed have to be recorded to transfer a person’s legal interest in a property?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a quitclaim deed have to be recorded to transfer a person’s legal interest in a property?

He never filed it. He also never took my name off of the mortgage and is now in default. Mortgage company is coming after me. The city is coming after both of us to collect sewer/water and fines for trashy yard and uncut grass. I don’t have the original signed copy of the quitclaim. Do I still own half of this property? Can I sell it? The guy who has POA for my ex is OK with either signing it over to me (but I’m worried about taxes due and monies owed) or selling it. Which is a wiser move to just be done with this at the least expense to me?

Asked on July 22, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order for a quit claim or any other deed to either release an ownership right in real property or transfer title, the document has to be recorded with the county recorder's office where the real property is located.

Until the document is recorded, the legal title of the property remains as stated in the last recorded deed.

Even if title of your name is removed from the property by a recoding of a document, if you signed a trust deed securing a loan with real property in your name, then you signed an agreement where you most likely are responsible for the loan's payment. The issue is whether the mortgage company will look solely to the proeprty for payment on the loan or go after you personally.

Taking your name off title to real property is different than getting your name removed from a loan secured by a mortgage on the real property that you want your name off of. The lender has to agree to take your name off the loan.

If you are still on title to the property (no recorded quit claim to a third person) you can sell it.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption