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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11778
Experience:  JD, MBA
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When two people sign quit claim deeds for jointly owned

Customer Question

When two people sign quit claim deeds for jointly owned properties but one of them fail to file theirs: What happens?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida.
JA: Has any paperwork been filed?
Customer: No. But the party that failed to file, is now borrowing money against said property and signing my name to a loan that I am not party to.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. I have a property information report for Dade County and discovered that the report lists me as the borrowers "wife". and that I reside at his present address. We have been divorced since 1978. and I have never been anywhere near his residence.
Submitted: 4 days ago.
Category: Real Estate Law
Expert:  INFOLAWYER replied 4 days ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  INFOLAWYER replied 4 days ago.

one of the alleged title holders didnt sign the deed? is there a dispute about ownership?

Expert:  TJ, Esq. replied 4 days ago.

Hello and thank you for the opportunity to assist you. My name is TJ. The other attorney has opted out of the question, so I will attempt to help.

Q: When two people sign quit claim deeds for jointly owned properties but one of them fail to file theirs: What happens?

A: If a quit claim deed is not recorded, then the public (including the county and state) will not be aware the title has changed hands. Accordingly, so far as the public is concerned, there is no such quit claim deed, and the owner who gave the quit claim deed is still the record owner. This obviously affects who the county holds liable for property taxes. It also means the person who gave the unrecorded quit claim deed can give a deed to another person, or he can take out a mortgage on the property, etc.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Expert:  TJ, Esq. replied 2 day ago.

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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