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I am interested in a property located in this auction. What

 

Customer Question

I am interested in a property located in this auction. What is a Quit Claim Deed and how would it afffect me if I bought this property? I have read that it is possibly a way for the land owner to transfer the property but may still have a right to it. Is/could that be the case with this property? Thannks for yoru help.


http://www.bid4assets.com/auction/index.cfm?auctionid=556260

 

Optional Information:
Country relating to Question: United States
State (if USA): New York

Already Tried:
Read up on internet sites about quit claim deeds. Have not contacted seller to see if any rights would still be retained by him/her. I believe the office is located in NYC for the business, but as you can tell, the property is located in PA.

Submitted: 323 days and 6 hours ago.
Category: Legal
Value: $43
Status: CLOSED

Accepted Answer

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Expert:  NateLawAnswers replied323 days and 6 hours ago.

Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

A quit claim deed does not offer the same assurances to the buyer that a general warranty deed does. For instance, when one buys a house and title insurance is issued for it, what you get is a general warranty deed. A general warranty deed warrants that if the title is defective or has a "cloud" on it (such as tax liens, mortgage claims, judgments, title claims, or mechanic's liens) you as the grantee can then hold the grantor liable. In contrast, a quit claim deed only transfers whatever interest the maker of the deed may have in the property. The buyer assumes all risk.

Before buying the property, you should have a title search done to see if there is anything outstanding that would cloud the property.

Please click 'Reply To Expert' unless you consider this dialog complete and you are 100% satisfied with my service (not the website or the situation). If you are ready to rate my service, selecting anything less than 3 out of 5 will negatively affect my rating.

Thanks.
Nate

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 5885
Answered: 7/31/2012

Experience: Over 8 years of legal practice.

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Customer replied323 days and 6 hours ago.

So, basically, he/she is selling/offloading the property with any liens/fees attached to it to be my responsibility. If I were to purchase the property, I would be responsible for any back taxes, Home Owners Association dues, etc that have been placed on the property?

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Expert:  NateLawAnswers replied323 days and 6 hours ago.

That is precisely correct.

Customer replied323 days and 5 hours ago.

What about future rights, if I were to build on the property, would he/she retain any rights to the property/house?

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Expert:  NateLawAnswers replied323 days and 5 hours ago.

That's not a concern. The seller would be transferring all the rights they possess to you. The concerns are what I mentioned previously regarding other possible clouds on the property.

Customer replied322 days and 2 hours ago.

Thanks a bunch. I appreciate the information.

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Expert:  NateLawAnswers replied321 days and 13 hours ago.

You're certainly welcome. Good luck!

Nate

 
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