Warranty Deed with a Quit Clam Deed as an exhibit

[Treu]

Jurisdiction

Oregon

Oregon. My deceased uncle left real property (real estate) to three people: C, T & W equally. T & W are a married couple. C gave T & W money for which they released their rights using a quit claim deed (which has only been notarized not recorded.) Now the estate is closing and the executrix (who also happens to be C) is going to record a warranty deed in the name of C. I assumed it would be a two step process: Step 1 - estate transfers the property to C, T & W with a warranty deed and then Step 2 - another warranty deed would be recorded - removing T & W (with the original quit claim deed then thrown away - it was originally signed by T & W to protect C in case T & W were bad people - or died - and refused to sign the final warranty deed). The executrix now just wants to add the quit claim as an exhibit and record only one warranty from the estate to C. Is this kosher? I am T of the T & W and we are not bad people

 

[Zigner]

You need an attorney.

 

[Tax Counsel]

Is this kosher? I am T of the T & W and we are not bad people

The first question I have for you is the most significant in answering your question: what difference does it make to you? You were paid for your share of the property and provided a quit claim deed, releasing all rights you had to the the property. W did the same. At that point, you and W have no further rights to the property. Your part is done. So I'm wondering why what happened after your quit claim is prompting you to ask the question. Is there now some dispute over the property or something else that would make the particular steps she took to transfer the property to herself matter to you?

What she did is not illegal as you describe it. But without recording the quit claim deeds, she opens up the possibility of problems for herself later when she wants to sell it as a sharp title searcher will spot the gap in the title record and at that point C would need to resolve the gap to get the sale go through.

Of course if you left out some important fact or described something incorrectly then the outcome might be quite different.

 

[flyingron]

It would appear from the strict reading of this that none of the three parties here had any interest in the property at the time the quit claims were signed so they conveyed nothing.

Oregon is a race state anyhow. C recording a warranty deed is going to be presumed valid against any other unrecorded deed.

 

[adjusterjack]

Step 1 - estate transfers the property to C, T & W with a warranty deed and then Step 2 - another warranty deed would be recorded - removing T & W (with the original quit claim deed then thrown away -

That method would be preferable, given the other two responses.

C's method could certainly cause problems that could turn out to be a lot more expensive than the few bucks that C might save.

 

[Treu]

The first question I have for you is the most significant in answering your question: what difference does it make to you? You were paid for your share of the property and provided a quit claim deed, releasing all rights you had to the the property. W did the same. At that point, you and W have no further rights to the property. Your part is done. So I'm wondering why what happened after your quit claim is prompting you to ask the question. Is there now some dispute over the property or something else that would make the particular steps she took to transfer the property to herself matter to you?

Thank you. The reason I asked is C asked me to write the deed for her as I had several pages of property records that I had used for the quit claim deed. I wanted to write two different ones one to transfer it to all three of us and then a second one to C. C wanted to record only one deed because the cost/page is $50. As you say, I have the cash and she has the quit claim, it is her business now. I was trying to wrap my head around the traceability of the record/s. Seems like anyone could just go in a record anything they want. Again, thank you for your response.

 

[Treu]

You need an attorney.

Thank you for your response.

 

[Treu]

It would appear from the strict reading of this that none of the three parties here had any interest in the property at the time the quit claims were signed so they conveyed nothing.

Oregon is a race state anyhow. C recording a warranty deed is going to be presumed valid against any other unrecorded deed.

Thank you for your response.

 

[Treu]

That method would be preferable, given the other two responses.

C's method could certainly cause problems that could turn out to be a lot more expensive than the few bucks that C might save.

Thank you for your response.

 

[army judge]

Seems like anyone could just go in a record anything they want.

You're very savvy, amigo.

Quitclaim deeds are best avoided.

What you've described is one of the reasons that stimulates "title thieves".

However, that little scheme isn't as easy as the "title lock" services would have the public to believe.

Ads claim title thieves can steal your home, but can you really lose your house?
...


https://www.advisorperspectives.com/articles/2021/08/31/home-title-thieves-cannot-steal-a-house
...

No, Home Title Thieves Can't Steal Your House | Kahler Financial
...

 

[Treu]

That method would be preferable, given the other two responses.

C's method could certainly cause problems that could turn out to be a lot more expensive than the few bucks that C might save.

You're very savvy, amigo.

Quitclaim deeds are best avoided.

What you've described is one of the reasons that stimulates "title thieves".

However, that little scheme isn't as easy as the "title lock" services would have the public to believe.

Ads claim title thieves can steal your home, but can you really lose your house?
...


https://www.advisorperspectives.com/articles/2021/08/31/home-title-thieves-cannot-steal-a-house
...

No, Home Title Thieves Can't Steal Your House | Kahler Financial
...

Thank you for the response. The references you provided are interesting (and comforting).

 

[army judge]

Thank you for the response. The references you provided are interesting (and comforting).

I've learned that sometimes those offering safe harbor, can be far more harmful than the ones who originally harmed you.

Everyone has a motive, ABC, always be cautious.