can a property be deeded to someone against their will and desire?

[hcpa9999]

Jurisdiction

South Carolina

my real estate was foreclosed at a tax sale. after the redemption period expired, a tax deed was issued. the new owner subsequently decided that he did not want the property either and so he recorded a quit claim deed back to me. do I have to accept ownership of the property which I do not want?

 

[army judge]

my real estate was foreclosed at a tax sale. after the redemption period expired, a tax deed was issued. the new owner subsequently decided that he did not want the property either and so he recorded a quit claim deed back to me. do I have to accept ownership of the property which I do not want?

No, you don't.

In most states, a Quit Claim deed only transfers the interest owned by the seller at the time they executed the deed. Usually, any interest in the property acquired after the signing of the Quit Claim Deed does not pass to the buyer

You, of course, weren't a buyer.
You are what the law calls, a giftee.

As a sharp contrast to warranty deeds, a quitclaim deed contains no warranties of title at all. The quitclaim deed only operates to convey the seller's/giftor's interest in the property to the buyer/giftee. This means that if a seller/giftor owns a building, she can give a quitclaim deed to the buyer/giftee and the seller's/giftor's entire interest has been transferred, such that it is.

This article describes WHY some crafty people use the quitclaim scheme:

Top 3 Reasons Why You Shouldn't Use A Quitclaim Deed To Transfer Title - docprepper.com



Some crafty, clever, diabolical, unscrupulous people use quitclaim deeds in tax deed sales (in such cases, the term "tax deed" or "sheriff's deed" may be used to describe the actual document), where a property is sold at public auction to recover the original homeowner's outstanding tax debt.

The auctioning body is usually the local government, which claims no interest to the property, but sells only to recover unpaid taxes without extending any warranty for the property title. The purchaser then may need to initiate a quiet title action to remove any clouds to the title.

Okay, you have two choices, both of which I suggest you discuss with a couple SC licensed real estate attorneys. Why? You want a clear understanding of what forces are operating against you and how. Remember the "Trojan Horse" ploy, right?

Has the "conveyance" been recorded with the county recorder? If not, don't complete that process. If it has been recorded, discuss how you can dispute such conveyance, as you don't want to own the property.


The fine points addressed by general and special warranty deeds are not addressed in a quitclaim deed, making the quitclaim a precarious and often difficult instrument by which to convey title. Yet, some people aren't worried about title, per se. Some people have a hidden agenda.

A quitclaim only operates to convey a legal interest in the property, a quitclaim given out by a person who does not actually own the property named in the deed will not be liable for any damages at law. There are no breached covenants because no covenants were created. The deed is just a valueless piece of paper and nothing is transferred.





This site describes the process in various SC counties:

South Carolina Quit Claim Deeds, Preparation Information and Recording

 

[hcpa9999]

No, you don't.

In most states, a Quit Claim deed only transfers the interest owned by the seller at the time they executed the deed. Usually, any interest in the property acquired after the signing of the Quit Claim Deed does not pass to the buyer

You, of course, weren't a buyer.
You are what the law calls, a giftee.

As a sharp contrast to warranty deeds, a quitclaim deed contains no warranties of title at all. The quitclaim deed only operates to convey the seller's/giftor's interest in the property to the buyer/giftee. This means that if a seller/giftor owns a building, she can give a quitclaim deed to the buyer/giftee and the seller's/giftor's entire interest has been transferred, such that it is.

This article describes WHY some crafty people use the quitclaim scheme:

Top 3 Reasons Why You Shouldn't Use A Quitclaim Deed To Transfer Title - docprepper.com



Some crafty, clever, diabolical, unscrupulous people use quitclaim deeds in tax deed sales (in such cases, the term "tax deed" or "sheriff's deed" may be used to describe the actual document), where a property is sold at public auction to recover the original homeowner's outstanding tax debt.

The auctioning body is usually the local government, which claims no interest to the property, but sells only to recover unpaid taxes without extending any warranty for the property title. The purchaser then may need to initiate a quiet title action to remove any clouds to the title.

Okay, you have two choices, both of which I suggest you discuss with a couple SC licensed real estate attorneys. Why? You want a clear understanding of what forces are operating against you and how. Remember the "Trojan Horse" ploy, right?

Has the "conveyance" been recorded with the county recorder? If not, don't complete that process. If it has been recorded, discuss how you can dispute such conveyance, as you don't want to own the property.


The fine points addressed by general and special warranty deeds are not addressed in a quitclaim deed, making the quitclaim a precarious and often difficult instrument by which to convey title. Yet, some people aren't worried about title, per se. Some people have a hidden agenda.

A quitclaim only operates to convey a legal interest in the property, a quitclaim given out by a person who does not actually own the property named in the deed will not be liable for any damages at law. There are no breached covenants because no covenants were created. The deed is just a valueless piece of paper and nothing is transferred.





This site describes the process in various SC counties:

South Carolina Quit Claim Deeds, Preparation Information and Recording

No, you don't.

In most states, a Quit Claim deed only transfers the interest owned by the seller at the time they executed the deed. Usually, any interest in the property acquired after the signing of the Quit Claim Deed does not pass to the buyer

You, of course, weren't a buyer.
You are what the law calls, a giftee.

As a sharp contrast to warranty deeds, a quitclaim deed contains no warranties of title at all. The quitclaim deed only operates to convey the seller's/giftor's interest in the property to the buyer/giftee. This means that if a seller/giftor owns a building, she can give a quitclaim deed to the buyer/giftee and the seller's/giftor's entire interest has been transferred, such that it is.

This article describes WHY some crafty people use the quitclaim scheme:

Top 3 Reasons Why You Shouldn't Use A Quitclaim Deed To Transfer Title - docprepper.com



Some crafty, clever, diabolical, unscrupulous people use quitclaim deeds in tax deed sales (in such cases, the term "tax deed" or "sheriff's deed" may be used to describe the actual document), where a property is sold at public auction to recover the original homeowner's outstanding tax debt.

The auctioning body is usually the local government, which claims no interest to the property, but sells only to recover unpaid taxes without extending any warranty for the property title. The purchaser then may need to initiate a quiet title action to remove any clouds to the title.

Okay, you have two choices, both of which I suggest you discuss with a couple SC licensed real estate attorneys. Why? You want a clear understanding of what forces are operating against you and how. Remember the "Trojan Horse" ploy, right?

Has the "conveyance" been recorded with the county recorder? If not, don't complete that process. If it has been recorded, discuss how you can dispute such conveyance, as you don't want to own the property.


The fine points addressed by general and special warranty deeds are not addressed in a quitclaim deed, making the quitclaim a precarious and often difficult instrument by which to convey title. Yet, some people aren't worried about title, per se. Some people have a hidden agenda.

A quitclaim only operates to convey a legal interest in the property, a quitclaim given out by a person who does not actually own the property named in the deed will not be liable for any damages at law. There are no breached covenants because no covenants were created. The deed is just a valueless piece of paper and nothing is transferred.





This site describes the process in various SC counties:

South Carolina Quit Claim Deeds, Preparation Information and Recording

thanks, Amy. that was helpful. yes, the deed was recorded (without my knowledge). Interestingly enough, both the tax deed and the subsequent quit claim deed incorrectly list a former property owner as Owner of Record at foreclosure and also as giftee respectively, even though my deed was recorded prior to end of redemption date. However --- they both list the correct legal description, street address and tax ID.

So..........if the grantor in tax deed and the giftee in quit claim deed are incorrect, but the legal description and tax id and street address are correct....have I actually been deprived of my property sufficient to claim the tax overage from the tax sale?

 

[army judge]

thanks, Amy. that was helpful. yes, the deed was recorded (without my knowledge). Interestingly enough, both the tax deed and the subsequent quit claim deed incorrectly list a former property owner as Owner of Record at foreclosure and also as giftee respectively, even though my deed was recorded prior to end of redemption date. However --- they both list the correct legal description, street address and tax ID.

So..........if the grantor in tax deed and the giftee in quit claim deed are incorrect, but the legal description and tax id and street address are correct....have I actually been deprived of my property sufficient to claim the tax overage from the tax sale?

You don't want any part of that property.
Again, this is THAT gift that keeps on TAKING.
Think, TROJAN HORSE, my friend.
Before you do, or say ANYTHING more, see two, preferably THREE, licensed real estate attorneys in your county.

I can't say for sure what SOMEONE is up to, but if I were to GUESS, someone is going to come after you for those alleged taxes. If someone really wanted to help you, that someone could have simply ANONYMOUSLY paid your taxes.

An enemy of yours might not mind throwing away a few hundred, even a few thousand dollars to cause you great grief and pain. I've seen it done, mate, any times.

Don't look a gift horse in the mouth, just avoid accepting any and all gifts.

At some point in our lives, mine included, the ONLY gift I crave is to be left alone!!!

Depending upon the ALLEGED taxes owed, your current financial position, and your ASSETS; a consultation with a bankruptcy attorney about a chapter seven filing might prove to be an interesting, revealing discussion.