View Full Version : Warranty Deed vs. Quitclaim Deed
Tejoe22
Jan 5, 2011, 02:22 PM
Can someone give you a signed and notorized warranty deed to some property and then before you record it give someone else a quitclaim deed to it who immediately records the quitclaim deed then tells you your deed is no good? This is in Arkansas.
Tejoe22
Jan 5, 2011, 02:27 PM
In Arkansas is a signed and notorized warranty deed legal if it is not recorded?
Fr_Chuck
Jan 5, 2011, 06:50 PM
Yes, but it has to be recorded to be in effect. You risk liens being placed on the existing deed of record also. As welll as property tax issues.
How long has it been from the date signed to now
Fr_Chuck
Jan 5, 2011, 06:53 PM
Yes they can, but you are in luck, since yours is a warranty deed, you merely need to go record yours.
Then sue the seller for all legal fees to clear up the deed.
That is what a warranty deed does, the seller promises to pay the costs if there is a other claim to the deed.
A quitclaim deed merely states that if they own any interest in that property they are selling that interest. No warrant in it.
But again, how long did you old the deed ?
Tejoe22
Jan 6, 2011, 05:49 AM
About 18 months.