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    maverickkat's Avatar
    maverickkat Posts: 1, Reputation: 1
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    #1

    Feb 14, 2007, 11:37 AM
    Quit claim vs. warranty deed
    Hi I live in Michigan. Last June I purchased my house from my dad. Fourteen years ago when he bought the property there was some other property that was omitted from the deed that in turn my aunt who lives next door says that she owns. She will not show a deed for this property the register of deeds has no record of this deed and the prosecuting attorney's office where my dad purchased the property through has no record of this either. Shortly after the purchase of my house the county sent me a paper stating that the legal was wrong on my house. After waiting for my aunt to get things straightened out I finally met with the prosecutor and obtained a quit claim deed since I was the one paying the taxes. Does anyone know how I can obtain a warranty deed for this portion of property as well. I have one for the front portion of my property.
    rockytopman2's Avatar
    rockytopman2 Posts: 15, Reputation: 5
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    #2

    Feb 14, 2007, 11:48 AM
    Quote Originally Posted by maverickkat
    Hi I live in Michigan. Last June I purchased my house from my dad. Fourteen years ago when he bought the property there was some other property that was omitted from the deed that in turn my aunt who lives next door says that she owns. She will not show a deed for this property the register of deeds has no record of this deed and the prosecuting attorney's office where my dad purchased the property through has no record of this either. Shortly after the purchase of my house the county sent me a paper stating that the legal was wrong on my house. After waiting for my aunt to get things straightened out I finally met with the prosecutor and obtained a quit claim deed since I was the one paying the taxes. Does anyone know how I can obtain a warranty deed for this portion of property as well. I have one for the front portion of my property.
    Who did the Title search. Was it a Title company or an Attorney. It appears that whomever did the tittle search should be able to get this corrected for you. Also you might check to see if there was any Title Insurance. Also, the county recorder of Deeds should be able to determine who owns what. Good Luck!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 14, 2007, 02:08 PM
    You can't just "obtain a warranty deed" it is what the seller of the property gives you to warranty they are giving you a good deed. So whoever you got the property from would have had to give you that.

    What you need to do now, (and should have done before buying the property) is have a complete title search done for all of the property, and find out who is the legal owner of the property, a quit claim deed because you are paying taxes has little legal status if challenged by anyone having prior claim, if the property had "sold" at tax sale that is differnet.

    You have the right to file suit to quash (bad spelling) suit or basically to show clear title to your property if there is anyone with a claim against it.

    So at this point, you have an Attorney do a title search and write an Attorneys summary of your title. With that you buy title insurance to cover any unknown claim in the future.

    Then if and when you sell it, you can sell it with a warranty deed ( if you want) to the new buyer, but if you sell it under a warranty deed, and something is ever wrong they come back to you to make it right.
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