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

    Aug 10, 2009, 11:40 AM
    Quit Claim Deed
    Hello
    I own a condo in Florida, last year I did a quit claim deed with a corporation (done by an attorney) after having some difficulties with the corporation, I looked into the Quit Claim deed.

    The first problem I noticed on the agreement that is filed with Florida state, is that there is no date, all it say is April 24 __________ no year. Does this make the agreement void?

    The second problem is that the agreement states "This transfer is subject to a Mortgage held by (mortgage company name) the obligation of which is hereby assumed by the GRANTEE (the grantee being the company I transferred it to) The mortgage still remains in my name - they just pay the payments every month. - Does this make it void?

    IF this makes the Quit Claim deed void, then what do I have to do? Nothing until they try to sell it?

    Thank u for any help and advice - it is greatly appreicated.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 11, 2009, 07:34 AM
    Quote Originally Posted by seawin View Post
    ... last year I did a quit claim deed with a corporation (done by an attorney) after having some difficulties with the corporation, I looked into the Quit Claim deed.

    The first problem I noticed on the agreement that is filed with Florida state, is that there is no date, all it say is April 24 __________ no year. Does this make the agreement void?

    The second problem is that the agreement states "This transfer is subject to a Mortgage held by (mortgage company name) the obligation of which is hereby assumed by the GRANTEE (the grantee being the company I transferred it to) The mortgage still remains in my name - they just pay the payments every month. - Does this make it void?

    IF this makes the Quit Claim deed void, then what do I have to do? Nothing until they try to sell it?
    ...
    By "agreement" do you mean the quitclaim deed, or are you referring to a different document?

    Assuming that you are describing a single document, a deed, I don't think the failure to write in the year is a problem, unless there is going to be a genuine disagreement as to what year you signed it.

    If you delivered the deed to the grantee and it recorded the deed, it appears the grantee has accepted the assignment. But keep in mind that you remain liable for the payments, should the grantee for some reason fail to make the payments.

    No, the deed is not void, but there are potentially some problems down the line.

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