Results 1 to 2 of 2
  1. #1
    Join Date
    May 2011
    Posts
    1

    Default When Will a Quit Claim Deed's Language Cloud the Title

    My question involves real estate located in the State of: NC

    My spouse and I have filed a Separation Agreement. My spouse must Quitclaim Deed over the house and I must give him full ownership of a promissory note and also make the monthly mortgage payment untill I can re-finance in my name only (I have 1/2 a year to comply). In addition to this there are also many other different items outlined in the Terms and Provisions of the Separation Agreement.

    1.
    In the Quitclaim Deed the language reads.... "This deed made pursuant to the terms and provisions of that Contract Of Separation and Property Settlement Agreement..."

    My question is how does the word Pursuant (which I understand means "because I have to") affect my deed/title? Why would the attorney not use In Accordance? When I sell the house would a Buyer be scared off because my title is Pursuant to the Terms (does this mean all terms) of the Separation Agreement? What if a year from now my spouse and I get into a legal dispute of another item listed in the Separation Agreement - could that give cause to put a cloud on my deed/title?


    2nd
    The Quitclaim also states..."As provided in the Separation Agreement Grantee has assumed and agreed to pay the indebtedness secured b the deed of trust....."

    My questions are these. The terms of taking over the loan are specifically laid out in detail in the Separation Agreement. Why does this statement, which does not clarify the entire process, need to be in the Quitclaim Deed? Could this statement in the deed cause a cloud in the title?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Will a Quit Claim Deed's Language Cloud the Title

    If you prefer the language "in accordance" to "pursuant", or believe that a general reference to the settlement agreement is sufficient, negotiate for the language you want. I can't read the entire deed from here, but your objections appear to be to form, not substance.

    1. Sponsored Links
       

Similar Threads

  1. Deeds - Quitclaim: Title Insurance for Tax Sale Quit Claim Deed
    By speedfreakracing in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 08-07-2011, 08:19 AM
  2. Must Both Parties Named on the Title Sign a Quit Claim Deed
    By jpcisco in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-23-2011, 10:34 PM
  3. Co-Ownership: Title Deed Language
    By queenie in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-04-2009, 06:33 PM
  4. Deeds - Quitclaim: Quit Claim Deed Transfer To A Warranty Deed
    By DavidShannon in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 01-12-2008, 10:11 AM
  5. Deeds - Quitclaim: Can A Quit Claim Deed Be Used To Release A Deed Of Trust in California
    By titanrocket in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-03-2008, 04:00 PM
 
 
Sponsored Links

Legal Help, Information and Resources