Would this be a possible transaction?

[Rich Hupper]

Hi BP,

Is it possible for the following to take place? Mary's attorney drafts a deed running to Mary's friend Mike and records it.  Mike takes title to the property with no guarantee to clear title. However he did hire a title examiner and is aware there are liens on the property but plans to pay them off at a later date. In the abstract of title there were no mortgages found.

It was my understanding that title can transfer outside a closing table as long as the deed is a written instrument, has a legally competent grantor, the grantee is identifiable and alive, there is a recital of consideration, there is a granting and habendum clause, the deed has a legal description of the property, there is a valid grantor signature, it is notarized ( for recording purposes ), and there is delivery and acceptance.

If the deed was legally valid, could the transaction with Mary and Mike take place? 

[Jeff Copeland]

I'm not sure I understand your question, which basically amounts to "Can Mary sell her house to Mike?".

Of course she can. 

Technically, Mary would not even need an attorney. You can download a quit claim deed online (I'm not saying it's advisable, but it can be done), and there's no reason an executed deed from Mary to Mike would be considered invalid. 

Mike would then own the property, and be responsible for any liens associated with it. Mary generally would be off the hook, though she would still be responsible for any mortgages in her name (in fact, they would all likely become due on sale).