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    joan gerbasi's Avatar
    joan gerbasi Posts: 1, Reputation: 1
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    #1

    Jan 31, 2014, 12:53 PM
    Quit claim deed what if person to sign quick claim refuses to sign form
    Buyer of our business, bankrupted 5 years ago approx. We are in the process of selling the property & need to open escrow. The previous purposed buyer who fell out of escrow due to bankruptcy has refused to sign the "quick deed form". Therefore, we are unable to open escrow with the newly proposed buyer. What legal rights have we, what can we do? Thank you for your time
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jan 31, 2014, 12:59 PM
    Did you ever issue a deed to the previous, bankrupted buyer? If not then there should be no need for the bankrupt to sign a quit claim deed. Who is telling you that they need to sign a deed and why?

    If you issued a deed to the previous buyer then you should have received some form of transfer of ownership from the bankruptcy trustee at the time the bankruptcy was completed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 31, 2014, 03:50 PM
    One of the things bankruptcy debtors must file with their petition is a form stating their intentions regarding executory contracts such as this. If, at the time of filing of the bankruptcy petition (or later), the bankruptcy debtor rejected the contract to purchase, that document can be accessed via PACER (or ask the bankruptcy court clerk for a copy).

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