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If a quick claim deed doesn't have all the witnesses

Customer Question
If a quick claim...

If a quick claim deed doesn't have all the witnesses signatures on it is it still a valid deed

Lawyer's Assistant: Where is the property located?

Huntsville .ga hinesville, ga

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, my mortgage company is telling me that its invalid

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/15/2017
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,280
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

GA does indeed require a notary and 2 attesting witnesses. Attesting means they actually saw the grantor sign the deed.

If these requirements are not met then the deed is not compliant with the legal requirements and it must be corrected.

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Customer reply replied 2 months ago
what if i no longer want the other person on the deed anymore
Real Estate Lawyer: Loren, Lawyer replied 2 months ago

The deed is defective if it lacks the witness signatures. It can not be recorded because it is not compliant.

You can redo the deed without the other person.

The only issue will be that if there was a contractual obligation with this person or someone else requiring their inclusion in the deed, you can be liable for breach of contract.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 2 months ago
Do I need a lawyer to take this to court....plus does the other person on the invalid deed need to be in court ?
Real Estate Lawyer: Loren, Lawyer replied 2 months ago

Yes, you would need a lawyer and yes, all parties on the deed would need to be served.

If the other party on the deed has an interest in the claim then they would need to appear.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 2 months ago
Can the other person on the deed fight against the deed being legal or not legal
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
They certainly have the right to defend, but the deed is flawed without required witnesses.
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Customer reply replied 2 months ago
when I go to court about this... I should win ..... even though it was filed that way
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
I can tell you that the deed is legally flawed.
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Customer reply replied 2 months ago
It’s missing the witness signature for the grantor and it’s missing a signature for one of the grantee..... but it is notarized...
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Based on those missing signatures it is flawed.
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Customer reply replied 2 months ago
Is there a real estate law book for ga where I can get that information
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Look to the Georgia statutes,
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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!

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Loren
Loren
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Category: Real Estate Law
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