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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36240
Experience:  16 years real estate, Realtor. Landlord 26 years
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My father Quit Claimed his home (Value at time of 140,000)

Customer Question

My father Quit Claimed his home (Value at time of 140,000) to my wife and I. He passed away 16 months later and left no will. My siblings (whom have been out of the picture for years) have not challenged our ownership and it has been recorded with the County.
We recently received an offer on the home, however the title companies have refused to issue title insurance blocking the escrow process. What can we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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What is their basis for refusing to issue title insurance?
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Did father have debts that have been unpaid out of his estate?
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Was the quitclaim deed recorded as soon as it was executed or only after his death?
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thanks
Barrister
Customer: replied 1 year ago.
Worried that siblings can make a claim. (no will) No debts, executed as soon as title was quit claimed 16 months prior to death.
Customer: replied 1 year ago.
He quit claimed over property (home) we were not added as joint tenancy
Expert:  Barrister replied 1 year ago.
Ok, from a purely legal perspective, the quitclaim would serve to transfer any ownership interest that father had in the property to you. And since he did so while living there is no reason why they shouldn't accept that as valid and issue title insurance.
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But they may force you to go the hard route where you have to file a "quiet title" action to have a judge issue a ruling stating that you are the sole owner to the property and that no one has any superior claim to it.. This would require a local real estate attorney to file the action and then notice all your siblings as "interested parties". Assuming no one bothered to object, the judge can then issue the ruling that any title company would then accept.
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thanks
Barrister
Customer: replied 1 year ago.
Thank you
Expert:  Barrister replied 1 year ago.
You are very welcome. Glad to help any time..
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thanks
Barrister

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