Estate Law
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4/16/2018
VerifiedHello,
I’m a moderator for this website. I sent your requested Expert a message to follow up with you here, when they are back online.
If I can help further, please let me know. Thank you for your continued patience.
I’m a moderator for this website. I sent your requested Expert a message to follow up with you here, when they are back online.
If I can help further, please let me know. Thank you for your continued patience.
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16,440
Experience: 15 yrs experience: Elder Law, Wills, Social Security Issues
VerifiedHello there --
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I am a real estate lawyer with experience all over the US regarding the transfer of property. The fact that the "deed" form was a bill of sale in 1998 is not wrong and perfectly fine for a Louisiana property transfer because it is called an "Act of Sale" in Louisiana. However, it would have been more appropriate for the seller to issue you either a warranty deed or a quitclaim deed. Both are acceptable in Louisiana. A warranty deed would actually mean that you are "warranting" (guaranteeing) that the title is clear and if it turns out later that a title issue arises, the buyer could sue you to correct any defects in title. So, in this case, your best bet is to have a Quitclaim Deed prepared for the property -- because with a Quitclaim deed you are not giving any warranties of title -- you are in essence saying "I am transferring to the new owner what was transferred to me in 1998, without warranty of title or land description, etc." You can find several companies online to prepare a Louisiana Quitclaim Deed or if you email the bill of sale and all property information to me at***@******.*** I can prepare one for you for a reasonable fee. I honestly do not think that Crowley Parish will accept another bill of sale and your best bet is to use a Louisiana Quitclaim Deed which should have no problem being accepted for recording in Crowley Parish so long as it is witnessed and notarized and then either sent to the Parish via mail or to the buyer via mail when the transaction is being completed (then the buyer would have the responsibility of recording the Quitclaim Deed in Crowley Parish). My suggestion here is that you get it in writing regarding the sale (buyer pays recording fees and must record the deed in Crowley Parish for the sum of $ ____________)
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In Louisiana, the buyer customarily pays the transfer fees -- although the seller can pay them if it is agreed beforehand. Regarding the tax bill, while the buyer should notify the taxing authority you would be best served if you simply send a letter to the tax assessors office with a copy of the Quitclaim Deed and tell them the name and address of the person to whom you sold the property so you will not be getting any tax bills in the future, period.
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I hope that helps. Please let me know if you have any further questions. If not, can you please press a positive rating above this Q&A session so I will be paid for my time assisting you today. THANK YOU VERY MUCH MARY
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16,440
Experience: 15 yrs experience: Elder Law, Wills, Social Security Issues
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