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Quitclaim Deed

Quitclaim Deed forms for various states. A quitclaim deed is used to convey an interest in a property from the Grantor to the Grantee without any promise or guarantee. An example of a typical circumstance where a quitclaim may be used is where one spouse (Grantor) is disclaiming any interest in property that the other spouse (Grantee) owns.

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delivery truck hit my car, they promise to pay for repair & rental car, they go A furniture delivery truck hit our car. They took full responsibility, paid for repair(they were self-insured) and meanwhile sent us to a car rental agency where they had an account to get a car. (On the car rental form they are listed as ''bill to''.) Furniture co. declared Chp. 11 bankruptcy before paying car rental company. Car rental co. in turn charged our credit card for the rental to the tune of $600. We protested to the the rental agency corporate office. They said it was a matter for the local office. Local office said they weren't going to take a $600 hit, bug off. Credit card company said this was a 3rd party dispute (between us and furniture co.)and denied our contest of charge. We have since rec'd docs from US Bankruptcy Court concerning ''Alternative Dispute Resolution Program''. We have about 10 days left to decide if we want to take part. My question is: are we going to get screwed in the end? It looks like pennies on the dollar, if anything. Do we have any recourse with car rental weasels? What can we do? All this because some idiot ran into our car!!

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    1. Ken Koury Re: delivery truck hit my car, they promise to pay for repair & rental car, they The advice you were given is correct. You are stuck with the bill unless you can get something from the bankruptcy court.
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eviction I just purchased a triplex and was told on Closing day that the only renter still left in the Apt. had not paid rent in 2 months. I then told the renter if he did not have Sept. rent paid by Sept 1st he would have to move. He didn't and hasn't. He is a total deadbeat. Is there anyway I can evict him without going through the Court system (will take too long,)I need him out by Oct. 1st. Conciliation Court is a joke, the deadbeat doesn't have any money, no job. He is not going to come up with rent because a Judge tells him to. I gave him a renters application to fill out and he refused. The previous owner of the house signed a rental agreement with the deadbeat (not me), however he never took the deadbeat to court and never told him to leave!!! Please find another legal way for me to get him out in 2 weeks. Please.

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rental agreement I rented a home with option to buy. the renter brought a notary to make it legal. My husband and I signed the contract and the renter stayed w/the notary. he was to make a copy and give me the original. months later i requested the contract and all he would give me is a copy. I realized that its not signed by him. He now says he cannot find the original. He is not paying rent on time and is renting to someone else. Do we still have a contract?? even though he did not sign. I have a copy of the contract that is not signed but i feel that if i try to evict him, he will then sign the original.. rent is due on the 1st of the month. he keeps paying on the 15th or later. and says its still on time since its not past 30 days late.

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    1. Bryan Whipple Re: rental agreement A written contract only needs to be signed by the party against whom enforcement is sought. At least, this is the general rule. The contract itself can contain language modifying the rule, such as a clause stating that it becomes valid only upon all parties signing the same physical piece of paper. Your facts raise other legal issues, including the inability to record the document because it isn't notarized, and the possibility of negligence or fraud on the part of the renter or notary, and the apparent breaches of the terms of the rental. Ordinarily, the failure of the holder of an option to sign it is not as big an issue as the failure of the grantor of the option to sign, because by the nature of an option, the holder isn't under a duty to exercise it, and the grantor isn't in a position to force the grantee to do anything, whether or not the grantee has signed.
    2. Terry A. Nelson Re: rental agreement IF he's not paying, file an eviction, he's breached any contract there may have been. IF he can convince a judge not to grant eviction, I would be surprised. Hire an experienced attorney or eviction specialist firm to do this properly without errors.
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interest in property Hello; 1996 purchase of condominium Grand deed on mr.Z name, Z is married man. 2000 mr.Z divorced ms. Y . 2001 mr.Z signed quit claim to ms. Y (ex wife), and deed reads mr.Z and ms. Y tenants in common. 2002, mr.Z signed another quit claim deed, to ms.Y and mr. X deed reads Z,Y,X tenants in common. 2006 what is the interest in property; 1. 3 names , 3 parts, Z=Y=X= 33% or 2. Z=X= 17% and Y=67% because in 2002 Z divided his 50% in 3 parts, 17% each ??? thanks a lot eva

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Joint Tenancy with right of survivorship Can property held this way be gifted away or quit claimed to someone else?

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    1. George Shers Re: Joint Tenancy with right of survivorship Yes, but doing so changes it from being in joint tenancy to tenants in common. Both forms of ownership have the same effect on what can be done with the property; the difference is that with joint tenancy, probate and inheritance are eliminated by the property passing directly to the surviving joint tenants [look upon it as being the ante in a poker game; if everyone drops out, you split the chips in the ante, with everyone having put in the same amount and having the same chance of winning if you do not look at the cards; but if you drop out of the game--cash in your chips--the pots suddenly become the asset of all the players still in the game].
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Contract for Deed Sale I sold a 40 acre parcel under a contract for deed. The buyer of this 40 acres now is selling 20 acres of it to a third party. We both agree that the proceeds of this 20 acre sale will go to me. I still have the warranty deed for the 40 acres. How is this transfer accomplished? Do I sign the warranty deed to this third party? Does the original buyer quit claim his interest? Thanks.

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    1. David Kelly-952-544-6356 Re: Contract for Deed Sale Most constracts for deed contain a clause that says no transfers can be made without the seller's consent. So you probably could block the transaction if you wanted to. Assuming you want to go ahead with the deal, you are in the driver's seat. You can handle it almost any way you want. Yes, you could give this buyer a warranty deed and have your original buyer give the new buyer a quit claim deed. You could also sell on a contract for deed if the new buyer doesn't have cash to pay the whole purchase price. One thing I would say you for sure want to do is amend the original contract for deed to provide that you are now selling the remaining 20 acres only. Another thing I would do if I were you would be to check with the city clerk or town clerk, and also with the zoning authority of the county, and make sure that this subdivision of the land does not violate any local ordinances or zoning regulations. There might be an ordinance which requires a permit of some sort before you can subdivide. Good luck. This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of an attorney of your choice concerning the details of your case.
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Rentals of Real Property Four sisters are given equal shares in 18 Acres of land. Three sisters want to rent the land for grazing of cattle. One sister does not. Three sisters rent the land and receive the money. The sister that does not want to rent does not sign the rental agreement. My questions is the contract legal with out her permission and does she also have to sign the contract. Is she liabiable for the property? If she lets the three sister do this is this implied consent? Bill

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    1. Bryan Whipple Re: Rentals of Real Property I assume the sisters own the property as tenants in common, or perhaps as joint tenants. All of the sisters would then have right of possession of the entire property, but the possessory right cannot be used to exclude the others, because their rights are equal. They are sort of like involuntary roommates. Further, any of them could transfer her right of possession to a tenant by a lease - and the tenant would thus have a non-exclusive right of possession so long as the lease was in effect. The bottom line is that the grazing lease is legal, proper and enforceable, but the tenant has acquired only the rights of the three sisters who signed it, and the non-signing sister still has her shared possessory right in the entire 18 acres, but she now shares it with the tenant, and not the sisters. The non-signing tenant could, for example, also graze her cattle, or ride her horse, or plant grapes on the property! Obviously, the tenant has assumed some risk that the fourth person with a right of possession will do something incompatible with the tenancy. The three sisters who are receiving rent must share the net rent with the non-signing sister. Generally, she would be entitled to 1/4 of the rent, after expenses. Implied consent, or consent of any kind, is not an issue here, as it is unnecessary. Note, however, that true consent might be the equivalent of signing the lease as a co-lessor, and sister #4 could thus give up her right of possession to the tenant. Liability for an accident on the land would depend more on whose negligence was shown rather than ownership or participation in the lease; owners in possession would be more at risk than those with only slight contact with the land. There are no hard-and-fast rules. Disclosure of known hazards to the tenant and insurance are the best safeguards.
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removing name off 1st mortgage loan I was divorced in August 2006. In the divorce, I gave my husband the new house and the first and second mortgages that went with that. He has been making the 1st mortgage payment since I moved out in February and I have been making the payment on the 2nd until this last week when that loan was finally approved and moved to his name. The problem I am having is removing my name from the 1st mortgage on the house. I have been told that the loan is not assumable and that I have to stay on that loan with my ex even though I haven't lived there in 9 months, the house is legally quit claimed to him, and the divorce decree states that this loan and the house is his sole resposibility. How do I get my name removed? Thank you.

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    1. mark albright Re: removing name off 1st mortgage loan While the judge may order your ex-husband to make payments on a home loan and you to quit claim you interest in that home to your ex-husband, he can not order the lender to remove your name from the loan. If the lender is unwilling to remove you from the loan then your ex-husband must refinance that first loan into his own name in order relieve you of liability to that mortgage company. Please contact us if we may be of assistance. Spencer Judd, Esq Albright Stoddard Warnick and Albright
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