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Quitclaim Deeds

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When a mortgage is in danger of becoming an unsustainable burden a homeowner’s finances, they may sign a quitclaim deed that will transfer some ownership interest in their home to another party. Quitclaim deeds are most often used when a home is transferred between family members or to cure a defect on the title, such as a name that has been misspelled, or when an owner gets married and wants to add a spouse’s name to the title, or when the owners divorce and one spouse’s name is removed from the title. Sometimes, they may be used to transfer ownership of a home from an individual to a sole proprietorship or corporation.

Common facts needed to understand a quitclaim deed:

The quitclaim deed contains no warranties of title or ownership. If the grantor owns nothing, the grantee receives nothing.
When purchasing a home, the buyer should receive a general warranty deed, not a quitclaim deed. Title insurance is favorable and often required by mortgage lenders.
A real estate purchaser under a quitclaim deed is in many legal situations considered to be on notice that the title has defects. It is recommended that an experienced professional undertake a title examination based upon a title search and render a title opinion prior to completing the purchase.
If one has borrowed money under a real estate mortgage, a quitclaim or other deed to a third party does not release one’s liability for the mortgage debt. The lender may release a debt, but a borrower can’t avoid payment by unilaterally shifting that debt to a third person.
Subsequent ownership by the grantor after the delivery of a quitclaim deed is not impacted or transferred by the quitclaim deed.
Recording any deed in the public records at a local courthouse or recorder’s office, as determined by state law, only gives public notice of one’s claim of ownership. A deed does not guarantee actual title or ownership.
If two or more individuals are co-owners of real estate, a quitclaim deed by one owner only transfers at best that one owner’s ownership rights. If the quitclaim deed requires the signature of all co-owners, the deed is invalid unless all co-owners have signed it and the deed is then delivered to the grantee. However, if the quitclaim deed allows one co-owner to sign it and claims to transfers the entire property to a grantee who takes physical possession of the property, then the deed may create an adverse possession ownership claim to the entire property.
If one individual owns real estate and desires to add a co-owner such as a spouse, a quitclaim deed might be used. It’s in the best interest to contact an attorney before doing so, in order to curtail any taxation or inheritance issues.
Call the best Title Insurance Agency because a title examination is necessary.
There can’t be a reversal in a quitclaim unless the original owner proves that the quitclaim deed was signed under duress in a court.

As efficient as quitclaim deeds are in transferring real estate ownership from one person to another, they suffer from certain shortcomings that make them inappropriate for all but their intended purposes. Whereas they transfer title to a property, nothing more and nothing less, purchasers demand transfer assurances that quitclaim deeds can’t provide. They want warranties that guarantee “clear title” or lack of ownership encumbrances in the property. In such transactions, sellers transfer their real properties with general or special warranty deeds that offer those assurances to their buyers.

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Best Title Insurance Company

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All homes on the market have a history and using the best title insurance company will aid you in the discovery of any title defects that are connected to the property that you want to buy by completing a title search. Problems that come up often are clerical (incorrect spellings, wrong address, inaccurate property description) or filing error in the public record that can include street & sewer assessments, judgments, and special taxes assessments.

Beyond human error, a good title company will be able to identify:

Unknown Liens: Possible claims against the property, often the result of unpaid taxes or a judgment involving a creditor. This isn’t your responsibility to take care of – but can give you some leverage in the purchase of the home. The best Realtor in your area will always do the due diligence for you.

Illegal Deeds: There is always the possibility that a prior deed was made by an undocumented immigrant or a minor that will affect the ownership of the home.

Missing Heirs: This can lead to a major problem for you, as a buyer. If the home was sold and there are family members that come along after the sale claiming and proving to be an heir to the home it could lead to an expensive problem for you.

Forgeries: Occasionally forged or fabricated documents that will affect property ownership are filed within public records, obscuring the rightful owner of the property.

Undiscovered Encumbrances: Former mortgage liens or non-financial claims, such as restrictions or covenants limiting the use of your client’s property not surfaced at the time of purchase could result in a third party having a legitimate claim on the home.

Unknown Easements: Easements for driveways, roads, and sidewalks over a neighbor’s property, for example, are very common and can have a huge impact on the value of a property.

Having title insurance will provide you the protection from the above problems – some of which may not come to light until after closing. There are many potential impediments to a clear title. Title problems can be the most expensive to fix, thus, when buying a home you want to make sure a search has been done and that you are protected going forward. The title insurance exists to protect you and your heirs against any losses resulting from future claims by a third party.

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Rent or Buy a Home in Ohio

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Are you tired of watching your money fly out of your wallet and into your landlord’s to pay the rent and get nothing in return? If you are living in Ohio, it is better to buy than to rent. It has been widely believed that if you don’t plan to stay for more than 7 years in an area, it’s best to rent. But that is simply not the case in Ohio as buying is the cheaper option no matter the length of time spent living in most cities.

Renting a home has some good advantages. You won’t have any maintenance costs or repair bills, it will all be the landlord’s responsibility. Think leaking roof, broken hot water heater, air conditioning, big-ticket repairs. Renting can often allow you to live in a premium area of a city with the best school system where you would otherwise be unable to afford to buy a home. Renting enables you to be able to move without any strings attached. If your job is more mobile, most landlords will let you out of a lease with a 30-day notice. You may want more flexibility. If you are locked into a mortgage it will be harder for you to move in a few months time.

When you rent there won’t be any return on your money for the property. The landlord will be the one who benefits and earns the income. So, maybe it’s time for your money to build equity and work for you by owning a home. It is an investment that has great benefits that can add up over time and you end up with a valuable asset – a home that is paid for. As you pay your mortgage each month, the value of your home continues to rise. Plus, there are tax benefits. The federal government encourages homeownership by offering tax incentives for homeowners.

“Owning a home is more affordable than renting in Ohio, which has the lowest monthly mortgage cost on our list. The monthly rent is $294 more expensive than the mortgage on a home with a median list price of $154,900 — which is the second-lowest list price in our study.” Go Banking Rates.

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Title Insurance and Liens

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When putting in an offer on a home for sale and then applying for a loan, the best thing to do is to let a title company do a property title search to make sure there aren’t any bad liens on or against the property.

A lien is a notice attached to a property that lets people know that a creditor claims money is owed. A lien is typically a public record. It is generally filed with a county records office or with a state agency, such as the secretary of state. Liens on real estate are a common way for creditors to collect what they are owed. More importantly, a lien means that the home could be foreclosed on and taken by the lien holder. Again, a title search can say whether or not there is a lien levied against the property.

Examples of bad liens on a property:

Mortgage – the current homeowner’s lender can foreclose on the property if payments are not made every month.
Property Tax – placed on a home loan when property taxes are not paid and take priority over a mortgage lien.
Judgment – a judge has placed a lien on the property after a creditor has successfully sued the current homeowner.
Child Support – if child support has not been paid by the current owner the lien is placed.
IRS -secures the government’s interest in the property when the tax debt is not paid.

A lien on a home is a legal claim against the property. It gives creditors a stake in the home and a way to collect debts owed to them. When getting a mortgage on a property, the lender will require a purchase of a lender’s title insurance policy, which protects their interests in the property should there ever be a dispute in the title. A policy of title insurance insures against defects in or liens or encumbrances on a party’s title to the property.

As a title company, much of our work can be done behind the scenes. The buyer may not even be aware that there may have been any title defects existing at all. They were simply taken care of before the closing.

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Pricing Your Home to Sell

When it’s time to sell your home in Ohio, having the best Realtor is key to making it happen fast. You need an agent that will price your home properly – the most important thing a skilled Realtor can do. Too many Realtors tell sellers what they want to hear instead of what they need to hear to sell their home.

Pricing a home is a skill that takes training, understanding of the market and the comparable sales (comps). When a home is listed too high, buyers pass on even looking at it. It will end up being on the market for a long period of time and the price will eventually be forced to be lowered to be competitive. But, by that time buyers assume there must be something wrong with the home and it will gain a bad reputation and continue to be bypassed. Even the buyers who do look at it will lowball the new price and the home will end up being sold for less than what it would have had you priced it correctly to being with. Homes sell for the most money when they are on the market for less than 30 days in almost all markets.

You don’t want your home priced lower than it is worth, but you want it low enough to create excitement among buyers and possibly even multiple offers coming in. This is an excellent option if you want to sell a home fast.

A good Realtor will make sure that the seller’s home shows up in online searches. To make sure this happens, a proper price is paramount. If the neighborhood comps are lower, the house may not show up if it’s even slightly higher! For instance, if the comps top out at $300,000, and the buyer wants a 4 bedroom home in that neighborhood under $300,000, the house listed at $325,000 won’t even show up in the search.

Pricing a home to sell properly is a skill that the best Realtors have. It is the most critical piece to selling your home. The right price is 75% of the marketing for any home on the market. It’s what will attract buyers. So, when you are interviewing Realtors to sell your home, ask the question “what’s my home worth” and know they can’t tell you what it will sell for but expect comparable sales, pending sales, and active sales. Finally, ask to see a track record of their previous listings – the original price and the final sale number. And, don’t be afraid to ask for a personal guarantee from them.

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The Importance of Title Insurance

No one gives much thought to the importance of title insurance. Something that can protect owners of real property events and matters that can be brought up form the past. But what happens when an old title issue surfaces and a claim is made on a policy? Many homeowners decline title insurance but once they know how it is created to protect them from unknown claims against their property that can pop up years down the road.

Title insurance is much more than a lender requirement. It’s knowing that what you are buying is free of any third party claims to ownership or use of any part of it. It assures the homeowner that they are clear of anything that would affect the ability to sell or borrow against their new property. After thousands of real estate closings here at Title First, we can give you a rundown of the most common issues we can save you from:

Mistakes on titles, especially lately, that are transferred through a sale of foreclosure without certain rulings met, thus making the transfer of the title invalid.
Mistakes within all the paperwork brought to a closing, somewhere along the line there may be a forged signature or recorded documents signed by people without legal authority.
Mistakes made during the probate process for the previous owner that overlooked someone else’s rightful claim (undisclosed heirs) to the property or someone else’s interest in the property. Misinterpretation of wills and deeds.
Mistakes made in the description of the property.
Mistakes missed where claims, tax information or easements have not been recorded properly in the public record.
Mistakes missed of liens on the property or judgments against the previous owner.
Mistakes in unpaid taxes or mortgages and unpaid debts.

Investors need to be alert when protecting their investments. Title insurance assures the homeowner that the title to the property purchased is free of any defects and is “clear to close”. It is a guarantee that all matters of record that could harm the title of the new property have been disclosed and resolved. Title insurance protects the homeowner against any potential claims should an undisclosed event threaten the ownership of the property. Give us a call today at Title First Agency: 1-866-320-8400

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