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Updated over 5 years ago on . Most recent reply

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Eerika Oxley
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Question about quit claim in deeds chain.

Eerika Oxley
Posted

I am performing property title check, property in Michigan, and I see strange picture:

March 1999 Quit Claim from "Jane" ex wife to "John" ex husband.

August 1999 Mortgage given to "John" unmarried Man.

September 1999 Discharge of mortgage, given to "John and Jane". When recorded return to "John". These two deeds are with same mortgage company, so , might be that mortgage company was removing "Jane" from mortgage.

So, "John" is sure that property belongs to him, but some bank worker is not satisfied with quit claim deed and asks for more recent deed which removes "Jane" from title.

Should "John" talk to other and higher rank bank officer about that he has enough deeds to show "Jane" is removed from title or should "John" meet his ex wife "Jane" again and make her sign warranty deed ("John" swears this is the last think he wants to do). Or something else can be done?

I got know that quitclaim was used because this transfer was result of divorce. But, divorce decree from 1989 states that property is for use by "John" and kids till his kid achieve certain age then house must be sold and money used to education of kids or whatever kids decide to do. So, house wasn't sold, it was quit-claimed and "John" put money for kids education funds. He kept the house, no one complained about that. Tax papers mention only "John" as owner.

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Tom Gimer
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Tom Gimer
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Replied

There is no need for another deed... wife has already been removed from title. Type of deed (quitclaim vs. warranty) is irrelevant. September discharge was likely due to refi of John/Jane mortgage into new loan to John alone. 

Very odd that a court would order a property sold unless the proceeds were to be shared between both parties in some fashion, not for the benefit of a third party. That’s the real issue here. Post a copy of the order for assistance. 

  • Tom Gimer
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Eastern Title & Settlement
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