Quit Claim Deed conversion to a Warranty Deed

Real Estate 4 views 1 answers
Hi, I own a property with a Quit Claim Deeds. I want to sell this and know that most lawyers would not recommend this type of deed to a potential buyer. I have tried so hard to clear up this deed - the people on the abstract cannot be located - I went to two detective agencies to hunt them down - the quit claim dates back to the 50's when the property was sold at NYS auction. I have owned the property since 1998. In 1939 this property had a Warranty Deed. In 1957 this property was coveyed with a Tax Deed. In 1958 this property was conveyed with a Tax Deed. In 1961 this property was conveyed with a Quit Claim Deed. In 1985 this property was conveyed with an Administrators Deed. In 1987 this property was conveyed with a Quit Claim Deed. In 1994 this property was conveyed with a Bargain and Sale Deed to me and the property has since been paid off and properly recorded. How can I convert this deed to a warranty or acceptable deed that most purchaser's lawyers with accept ? So very many thanks for your time and assistance in this matter. You have no idea how much your help is appreciated.

Attorney Answer

1
Margery Golant ·
Most states have a form of relief available called an Action to Quiet Title, or some similar form of action. It entails hiring a real estate attorney to thoroughly research the chain of title and any potential outstanding interests, and then to file a lawsuit for the express purpose of extinguishing any potential outstanding interests, claims, defects, etc. If that is done properly, once it is done, title is clear, and you can then safely convey via a warranty deed. You will need to utilize a knowledgable local real estate attorney who is specifically familiar with doing this. Tax deeds and quit claim deeds frequently leave out a variety of interests that need to be extinguished before title is clear.
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