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legalgems, Arbitrator
Category: Real Estate Law
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I have more questions on property in utah about deeds and

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i have more questions on property in utah about deeds and title search
and i think i posted them in wrong place. i wrote it from reply box after i paid for first question...please advise...

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

So you state the transaction was never closed, but the current owners are the buyersin he transaction, and money exchanged hands, correct? would the seller be willing to execute the documents to redo the transaction so it is properly documented? is there a disagreement as to who is entitled to the increased equity? last there is no undication as to who filed the most recent documents . and what was the title of that document ?

Customer: replied 10 months ago.
thank god i copied my questions in case i had indeed put them in wrong place.
so to kind of nutshell situation,
husband's friend's mother decided to sell her property to us located in utah. all escrow instructions and deeds etc. have something wrong with them as far as correct wording and such. no escrow instructions are complete in content or signatures.
owner ( friends mom)we'll call ' x ' carried paper thru utah based title company.
it was discovered recently that there are many different renditions of escrow instructions, recitals etc but nothing signed by all three husband and myself .
documents recorded are not correct and some info conflicts.
i am proposing to now clear up all mistakes and make these documents comply with laws and guidelines as best as i can. agreeable to any changes needed and relationship is amicable. of course seller will give approval to any corrections or additions
and hopefully we'll get them signed. the last thing i did towards this end is to have a county title search trying to establish chain of title. x's husband passed away quite a while maybe that had something to do with 1981 deed not being transferred or something ? it is the only deed that came up in search of public/ recorded records.
i talk like i know what im doing but i really dont and obviously there has been a communication breakdown over last six years.
currently husband has a bad case of the ' i don't know' s and title company isnt saying much.
i just want everything written and recorded
.most recent documents filed would be 2013 water right roc....i think. that would be x quit claiming 1/2 water right to son and 1/2 to husband and i.
were you able to view complete question/s ? i have so many...
as far as equity goes, we were wondering about insurance( fire) that seller carries and how that would be used by seller in relation to recouping balance of sale ...or rebuilding house.
or how does that work ? should we take out more fire etc. coverage to compensate us for example, having to repair or rebuild?
so many questions. i think i owe money for this question and would like to request a more detailed response if possible ( the more questions, the more confusing ) and would be happy to compensate. just show me where the paypal button is !!!! i have copies of documents emailed to me if needed. thank you so much...dayle

Thank you for your patience; I was out of the office for severa days due to a medical procedure and your question should have been re-routed but I see it wasn't so I wanted to respond as soon as I saw it.
So basically, if there is ever an issue with title and the seller is willing, the seller can execute a quit claim deed. What this does is that the seller is essentially conveying any and all of their interest, without warranting that they do in fact have an interest. It is quite common when a person is not certain what their exact interest is, so it allows them to transfer their interest, as it exists, versus warranting/guaranteeing a certain interest.

Here is a sample quit claim deed:

Otherwise, one can "quiet title" by bringing a lawsuit; but that would not be necessary if the other party is willing to execute the quit claim deed. It can then be recorded, and that will serve to effectuate a complete transfer from seller to buyer.

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