Canceling a quitclaim deed (attorney, owners, notice, deal) - Real Estate Professionals - City-Data Forum

nanya · 08-23-2008, 06:18 AM

I have signed a quitclaim deed, but it has not been recorded and the deal has gone south. Is there anyway that I can make sure that the Qiutclaim Deed is not recorded?

Thanks,

Nina

Mike1306 · 08-23-2008, 07:24 AM

How has the deal gone south?
Have you just changed your mind?
Did you get the money yet?

windtimber · 08-23-2008, 09:17 PM

Quote:

Originally Posted by nanya

I have signed a quitclaim deed, but it has not been recorded and the deal has gone south. Is there anyway that I can make sure that the Qiutclaim Deed is not recorded?

Have you delivered the deed to the Grantee? If so, the conveyance is complete.

DMenscha · 08-24-2008, 01:25 PM

Quote:

Originally Posted by windtimber

Have you delivered the deed to the Grantee? If so, the conveyance is complete.

As wind says delivery is the important act. Recording a deed gives constructive notice to all.

2bindenver · 08-25-2008, 08:03 AM

i am no attorney - but if this gets recorded your ownership could be history.

you need an attorney. now.

windtimber · 08-25-2008, 06:41 PM

Quote:

Originally Posted by 2bindenver

i am no attorney - but if this gets recorded your ownership could be history.

you need an attorney. now.

Delivery, not recording, conveys title. If the deed has been delivered, ownership IS history.

Austin-Willy · 08-26-2008, 12:23 PM

Delivery is not as straightforward as it may seem. Who, exactly, did you give the deed to, and what were your instructions / understanding as to how the deed would be handled after it left your possession?

Even if it has not technically been delivered, if it gets recorded it will be a cloud on your title that will probably prove extremely difficult and costly to remove.