Have The Tax Deed, Now How Can I Get A Quit Claim?
Hello All,
I recently obtained a Tax Deed for a nice piece of land (lot). I want to try to get a quit claim deed from the previous owner. What is the best way to approach the former owner of the land by mail? How much is too much to offer them? What if the owner is deceased and has a wife & heirs?
Does anyone mind sharing any sample letters that they use to try to obtain a quit claim from previous owners of tax deed properties?
Thanks
GMackk--AL--------------
I'd suggest you need to approach them in person, not by mail.
If you can get a telephone number call it.
If the owner is deceased, try sending the quitclaim deed to where the owner is now. Just to be sure, have it printed on asbestos.
The last was a joke. If the owner is dead, you not going to be getting a quitclaim deed. In most states, to get anything from an heir there would have to be a probate at the courthouse for the decedent. However, there are some abbreviated procedures.
Instead of the quit claim deed, try to sell the property in it's current state, without title insurance. If that is not feasible, do a quiet title lawsuit to get "marketable title." If you know the owner is dead and know of no heirs, you can probably do the paperwork for a quiet title lawsuit yourself, without engaging an attorney. Go to a law library and read some books on the topic and then use the forms in the "forms books" on the topic. That is what the attorneys do.
Good Investing************Ron Starr*************
GMackk--AL--------------
I'd suggest you need to approach them in person, not by mail.
If you can get a telephone number call it.
If the owner is deceased, try sending the quitclaim deed to where the owner is now. Just to be sure, have it printed on asbestos.
The last was a joke. If the owner is dead, you not going to be getting a quitclaim deed. In most states, to get anything from an heir there would have to be a probate at the courthouse for the decedent. However, there are some abbreviated procedures.
Instead of the quit claim deed, try to sell the property in it's current state, without title insurance. If that is not feasible, do a quiet title lawsuit to get "marketable title." If you know the owner is dead and know of no heirs, you can probably do the paperwork for a quiet title lawsuit yourself, without engaging an attorney. Go to a law library and read some books on the topic and then use the forms in the "forms books" on the topic. That is what the attorneys do.
Good Investing************Ron Starr*************
If you can give them a call tell them you are the new owner but you are offering a couple of hundred for a quit claim. The amount you pay for it depends on the value. If a quiet title is $900 for example then anything less is a deal.
Also, check out tax title services to see if they could help. They are practically the same as a quiet title as far as costs go though from what I can tell
Thanks for the info guys, unfortunately approaching the owner in person is not an option. The courthouse says that the previous owner is in Florida and I am in Alabama. I am going to try to obtain a phone number and if all fails I will use your asbestos method Ron. (SMILE)
If any one else has any idea or info let me know...
Thanks
If you have a deed (the tax deed) why do you need a quit claim deed?
Because it is hard to get title insurance with a tax deed unless you do a quiet title
people have referred to quite tittle. please explain
I think he can go for a quiet title suit without getting a quit claim deed, if he wants a marketable title. Is this true?
Why would you need a quit claim deed from the owner while you already got it from the tax sale?
The property is yours I believe, nothing to do with the owner. Unless, he can redeem??
Could someone answer this
Quote:
On 2004-12-19 04:42, ruizhen18 wrote:
...
Why would you need a quit claim deed from the owner while you already got it from the tax sale?
The property is yours I believe, nothing to do with the owner. Unless, he can redeem??
Is there a right to recission without possession of the quit claim deed? I don't understand. Help would be appreciated.
Loon thanks for the info! You have been very comprehensive in the subject.
Quick question: Does quit claim deed and quiet title suit applies to all foreclosure sale, including but not limited to, trustee sale?
As long as it is a sale that was forced without the owner's consent, not they can do anything about it... It is necessary for us to obtain a quit claim deed or quiet title suit, In order to get a warranty deed. Am I correct?
The state where it's notarized isn't a real big deal, either white out the state before you send it so they can fill it in, or the notary will cross it out and change it. The important thing is the stamp.
Any time there's a "forced" sale, as you call it, the title will appear compromised. There is some uncertainty and confusion as to its status, which is why you need a quit claim deed (the preferred option) or quiet title action (which would take longer and probably cost more) to get the former owner off the title completely and decisively..
You as the buyer out of foreclosure will probably never get a warranty deed (unless you choose to transfer it to another entity you own), but that doesn't matter per se. You need to do this title 'cleanup' so the title you offer your buyer is clear, esp. if they (or anyone they ever sell to) ever need to get their own bank financing. For obvious reasons, banks are pretty hesitant about lending on an unclear title.
Quote:
On 2004-12-21 10:34, jskubick wrote:
If government were a business, they'd just issue warranty deeds on properties if a title search prior to the sale established that there were no other clouds on the title, and be sued by prior owners if they issued one in error.
<font size=-1>[ Edited by jskubick on Date 12/21/2004 ]</font>
The clerk issues a Tax Deed because that is the only claim that they have to the property. That Tax Deed only relieves you of any further obligation in regards to the uncollected taxes that the sale represents. As you already know, it does nothing to protect you against the current years taxes or any other claims that are allowed by law.
Look at it this way. A Tax Deed, issued by the clerk is only slightly better than a Quit Claim Deed issued by an individual. The clerk's office is only releasing you from a past tax liability by issuing the tax deed, nothing else.
Similarly, a Quit Claim Deed only releases you from a claim from a specific party and guarantees you nothing else. It doesn't even guarantee you that the party issuing the deed, had a lawful interest in the property in the first place.