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  1. #11
    Join Date
    Mar 2013
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    16,960

    Default Re: Quit Claim Deed Exemption

    Quote Quoting DDSA
    View Post

    An exception is not for the purposes of exempting the tax valuation of the property it exempts the requirement of having to paying taxes which would be paid if the Deed was being transferred during the sale of property.
    No.

    Read the statute.

    There is nothing in there that provides any kind of tax exemption.

    As far as I know there are no "transfer taxes" in Arizona. And I've lived in AZ for 43 years and have bought and sold many homes.

    What taxes do YOU think this exempts you from? Be specific. Name the tax.

    You pay a fee of $2 per deed if you have to fill out the affidavit form in addition to any recording feed charged by the County Recorder.

    Since you appear to be exempt from the affidavit you don't pay the $2 per deed but you do pay the recording fee which is $15 for each deed that you record:

    http://www.pinalcountyaz.gov/recorde...eSchedule.aspx

    The schedule is likely the same in other counties or close to those fees depending on where the property is located. You can get your fee schedule from the County Recorder where the property is located.

    One more thing. There is no reassessment of tax value at time of sale. The reassessment is done annually on all properties in Arizona and assessment notices generally go out in February (at least they do in Maricopa County).

  2. #12

    Default Re: Quit Claim Deed Exemption

    Quote Quoting adjusterjack
    View Post
    No.

    Read the statute.

    There is nothing in there that provides any kind of tax exemption.

    As far as I know there are no "transfer taxes" in Arizona. And I've lived in AZ for 43 years and have bought and sold many homes.

    What taxes do YOU think this exempts you from? Be specific. Name the tax.

    You pay a fee of $2 per deed if you have to fill out the affidavit form in addition to any recording feed charged by the County Recorder.

    Since you appear to be exempt from the affidavit you don't pay the $2 per deed but you do pay the recording fee which is $15 for each deed that you record:

    http://www.pinalcountyaz.gov/recorde...eSchedule.aspx

    The schedule is likely the same in other counties or close to those fees depending on where the property is located. You can get your fee schedule from the County Recorder where the property is located.

    One more thing. There is no reassessment of tax value at time of sale. The reassessment is done annually on all properties in Arizona and assessment notices generally go out in February (at least they do in Maricopa County).

    adjusterjack:

    Yes sir, you are correct. An Affidavit of Property Value will not be necessary to be recorded at the time the Quit Claim Deed's will be recorded. Again, the Death Certificate will be recorded. The date of death / event sets precedent. The date when it's recorded doesn't matter. The estate didn't require to be probated. Then, the Quit Claim Deed's will transfer between parent and child then between siblings. As you have indicated the statue allows several types of exemption's which which in my case eliminates the $2.00 County recording fee since I don't have to file the APV.

    Yes, you are also correct, there will be no reassessment of property tax value. So, I will continue paying the minimal annual assessed property taxes as I have been prior to 1999.

    This whole transfer process is not rocket science. It is pretty simple and straight forward. I really do not know why there was pathetic postings made. Also, I have no clue why everyone who had added their 2 cents were unable to grasp a complete understanding of the facts and the specific date of when the EVENT occurred which is the exact date shown on the Quit Claim which was signed and notarized by a legitimate notary which prior to the death. So, after the fact (death) of the descendant estate's did not require to be probated. Even if this property were to have been considered part of the estate it simply did not meet the threshold of the descendant estate's value requiring the filing of and probating the estate individually. So, since this Quit Claim was signed and regardless if was recorded or not just left this property in limbo. I'm simply moving forward now 15 years later by executing (recording) the documents I have had in my possession in my drawer.

    Thank you for your response's

    Hopefully, this will clear the minds of those who posted the condescending comments.

  3. #13
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Quit Claim Deed Exemption

    suggestion; Just keep your jargon on track ...a quit claim deed which Mom delivered to you and you kept it in your drawer is very likely a completed transaction from Mom to you.....a quit claim deed which Mom executed but did NOT deliver and instead kept in in her drawer and was taken out of drawer after she died is very likely not a completed transaction from Mom to you. You addressed the first one, don't go,down the second one by mistake.

  4. #14

    Default Re: Exemption for Reassessment of Property for a Transfer Between Relatives

    HRinDevon
    My Jargon has no factor. Your statement concerning delivery means nothing. Personally I do not believe it matters who actually held possession of the Quit Claim Deed. Example.. The Quit Claim Deed could have been stored away inside a box unknowing in a family members actic for years. One family member was going through the various boxes and has now discovered this Quit Claim Deed.
    Again, the specifc factor is the Quit Claim Deed was signed, dated and notarized which makes the Quit Claim a tangible and legal document. Otherwise it would be nothing but a drafted unsigned document. However, now at this point in time I have decided it is time for this Quit Claim Deed to be executed (Recorded) Lost and found or documents which have disappeared and located happens all the time

  5. #15
    Join Date
    Mar 2013
    Posts
    16,960

    Default Re: Quit Claim Deed Exemption

    Quote Quoting DDSA
    View Post

    This whole transfer process is not rocket science. It is pretty simple and straight forward.
    I know. I've been through it many times.

    In case you need an update, the assessed value notices that went out in February 2015 (Maricopa County for example) shows the assessed values for 2015 and 2016. The actual tax bill for 2015 was mailed to owners in early September 2015 with the first half due October 1 2015 and the second half due March 1, 2016.

    Probably a similar schedule in the other counties but you can get details off the County Assessor and the County Tax Office websites pretty easily.

    If you already know all that then my comments are provided for the benefit of others.

    - - - Updated - - -

    Quote Quoting DDSA
    View Post
    Again, the specifc factor is the Quit Claim Deed was signed, dated and notarized which makes the Quit Claim a tangible and legal document. Otherwise it would be nothing but a drafted unsigned document. However, now at this point in time I have decided it is time for this Quit Claim Deed to be executed (Recorded) Lost and found or documents which have disappeared and located happens all the time
    True, but do you understand the risk involved in not recording a quitclaim deed for 15 years?

    Had there been any other recorded deeds, claims, or encumbrances on the property filed within those 15 years your quitclaim deed could have been worthless.

    If nothing like that happened in 15 years then you dodged a bullet.

  6. #16

    Default Re: Quit Claim Deed Exemption

    Quote Quoting adjusterjack
    View Post
    I know. I've been through it many times.

    In case you need an update, the assessed value notices that went out in February 2015 (Maricopa County for example) shows the assessed values for 2015 and 2016. The actual tax bill for 2015 was mailed to owners in early September 2015 with the first half due October 1 2015 and the second half due March 1, 2016.

    Probably a similar schedule in the other counties but you can get details off the County Assessor and the County Tax Office websites pretty easily.

    If you already know all that then my comments are provided for the benefit of others.

    - - - Updated - - -



    True, but do you understand the risk involved in not recording a quitclaim deed for 15 years?

    Had there been any other recorded deeds, claims, or encumbrances on the property filed within those 15 years your quitclaim deed could have been worthless.

    If nothing like that happened in 15 years then you dodged a bullet.
    No! This undeveloped parcel of land which is a little bit over an acre was purchased from the original developer back in the early 1960's and has been continually owned by the original purchasers (mom, dad, aunt and uncle) They paid it off in the mid 60's. Also, I believe I had mentioned I had drafted a Quit Claim Deed for my aunt and uncle's who Quit Claimed their interest to my parent's years ago, without looking I don't have the exact date this was recorded. So, there are no lien's, encumbrances it's clear.

  7. #17
    Join Date
    Nov 2013
    Posts
    6,293

    Default Re: Quit Claim Deed Exemption

    Quote Quoting DDSA
    View Post
    Hopefully, this will clear the minds of those who posted the condescending comments.
    I don't say that what you asked about and what you are doing is legal or illegal. But one has to wonder why, not that it matters to the questions you asked.

    Quote Quoting DDSA
    View Post
    The Quit Claim Deed could have been stored away inside a box unknowing in a family members actic for years. One family member was going through the various boxes and has now discovered this Quit Claim Deed.
    Again, the specifc factor is the Quit Claim Deed was signed, dated and notarized which makes the Quit Claim a tangible and legal document. Otherwise it would be nothing but a drafted unsigned document. However, now at this point in time I have decided it is time for this Quit Claim Deed to be executed (Recorded) Lost and found or documents which have disappeared and located happens all the time
    But the documents were not lost or misplaced. They were under your knowledge and control for the last 15 years. One has to wonder why. I would guess that 99.9% of the people in your situation would have recorded the deed 15 years ago.

    The facts as they unfolded from your posts:

    You prepared the quit claim deed to transfer property from aunt and uncle to parents. Was that a gift or for valuable consideration?

    You did not record your father's death certificate which would have removed his name from the deed and left your mother owner of the property. But there is a deed missing in the chain of title now and clear title at this point and can only be verified by the death certificate of your father which you intend to record now.

    Your mother, 1 year before her death, quit claims the property to you and your 2 siblings and wives. Was that a gift or for valuable consideration? Your mother dies and you don't record her death certificate or record the quit claim deed. Instead you put it in the draw for 15 years and begin paying the property taxes. The property remains in your mother and father's name not yours (albeit only 1/3 of the property would be in your name).

    The adverse possession laws in Arizona are pretty easy to comply with especially if you are paying taxes on the land for 5 consecutive years and you claim under "color of title." But you had the deed and a lawsuit for AP would be expensive if say one of your brothers objected to your taking the land. Now they are quit claiming it to you and your wife. That is just a side thought. Why were you paying the taxes and not one of your brothers or a combination of all three? The property did belong to all three of you.

    Why would someone do what you did? You never said why. Not that you have to. But don't think that all the possible motives aren't obvious and some are illegal. I am genuinely curious why someone would do that.

    Quote Quoting DDSA
    View Post
    I have decided it is time for this Quit Claim Deed to be executed (Recorded)
    You wanted it and you got it. Congratulations

  8. #18

    Default Re: Quit Claim Dee~d Exemption

    Quote Quoting budwad
    View Post
    I don't say that what you asked about and what you are doing is legal or illegal. But one has to wonder why, not that it matters to the questions you asked.



    But the documents were not lost or misplaced. They were under your knowledge and control for the last 15 years. One has to wonder why. I would guess that 99.9% of the people in your situation would have recorded the deed 15 years ago. No need or reason to record

    The facts as they unfolded from your posts:

    You prepared the quit claim deed to transfer property from aunt and uncle to parents. Was that a gift or for valuable consideration? You obviously didn't read. I had stated aunt and uncle were having financial difficulties. So, their interests were Quit Claimed. I believe this would be considered for valuable consideration

    You did not record your father's death certificate which would have removed his name from the deed and left your mother owner of the property Correction, mother did not record her husbands death certificate and her children did not record their father's death certificate either. So, basically as stated earlier it really does not matter. Unfortunately, you can not grasp this. She is deceased and at any point in time her husband's my fathers death certificate can be recorded. It's a pointless explanation but just a simple fact there was no additional copy of his death certificate available at the time. Again, there was no need or reason to record his death certificate. Are you having difficulty accepting this? But there is a deed missing in the chain of title now and clear title at this point and can only be verified by the death certificate of your father which you intend to record now. There is no deed missing in the chain of title. The property is still and could remain in the descendants names for eternity. Again, it really does not matter. Although, at any point in time should a decision be made by family member's to sell this property, in order to do so this imaginary clouded title as you are indicating would have to be cleared. Isn't this quit obvious? It should also be obvious the only manner to clear the title short of what I am doing now moving would be to file an Affidavit of Succession. The person filing this affidavit would have to have entitlement and providing documentation for the entitlement.

    Your mother, 1 year before her death, quit claims the property to you and your 2 siblings and wives. Was that a gift or for valuable consideration? Again, does it really matter? Although, the language within the Quit Claim Deed indicates for valuable consideration Your mother dies and you don't record her death certificate or record the quit claim deed. Instead you put it in the draw for 15 years and begin paying the property taxes. Yup!, you are still having difficulty with this. Yup, I had and still have possession of the Quit Claim Deed she signed. Simply, there was no reason, need or requirement to record her death certificate. I will correct your concern about paying the taxes. I began paying the annual taxes in 1994 when she received the notice in the mail from the county assessor. Why? because at the time I was the child residing in the same city she does. She had just lost her husband and my father died. So, I took it upon myself to take care of paying the taxes for her. ( Good son huh?) ~eye roll is necessary~ She could have paid the taxes herself. The property remains in your mother and father's name not yours (albeit only 1/3 of the property would be in your name). Yup, you're right again

    The adverse possession laws in Arizona are pretty easy to comply with especially if you are paying taxes on the land for 5 consecutive years and you claim under "color of title." But you had the deed and a lawsuit for AP would be expensive if say one of your brothers objected to your taking the land. Ah, you are so cleaver with the use of the legal term Adverse Possession. Sorry!, there is no Adverse Possession Now they are quit claiming it to you and your wife. That is just a side thought. Why were you paying the taxes and not one of your brothers or a combination of all three? The property did belong to all three of you.[b] As I mentioned earlier, I am and was the only child living in the same city at the time. This property is undeveloped vacant land which is a short distance from the middle of no where. My brother's have never had an interest in this property, they have never been to the location of the property. Their knowledge of this property is known because it was owned by our parents. My older brother who resides in another state, if asked where this property is located I doubt he could tell you off the top of his head. When, I told him about the Quit Claim at the time he didn't even know our parents still owned the property. Basically, if asked he would probably make a guess from possibly his memory that it's near the closest small po-dunk city nearby or he'd have to obtain the information from the Assessor's Office. My second brother would generalize also stating that he knows it's outside of the po-dunk nearby city. Although, he still knows the property still exists and is still owned by our parents. Why would someone do what you did? You never said why. Not that you have to. But don't think that all the possible motives aren't obvious and some are illegal. I am genuinely curious why someone would do that.[b] Well, here is the situation since you have asked. Older brother as I mentioned didn't have a clue about the Quit Claim Deed or the fact the property is still within our family, my 2nd brother did. There has been a long tainted relationship between myself and my older brother. We haven't spoken since 2008 and just now recently. When I mentioned to my 2nd brother about going through this whole process, we both came to the conclusion our older brother would be objective and just say why don't you just sell the damn property and get rid of it. Sure, that could be possible. We also figured our sister-in-law who is the greedy one would put up a fuss and want a piece of the pie sort of speak. Sure, they're both entitled. Well, last month since I haven't spoken to my older brother since 2008, I emailed him to refresh his memory about this property and provided him with the detail's of the procedure I will be taking to place the Deed into mine and spouses name. Well, as I had anticipated his objection, he stated he was alright with the whole process and he's not concerned about having a portion of ownership and doesn't want any money. He didn't object to signing the the Quit Claim Deed to myself and spouse.



    You wanted it and you got it. Congratulations
    Yup, again you're right. Now do you feel any better now that I have shed more light on my families story with you and the whole forum community? I really think your main concern is that I have some sort of hidden ulterior motive which there is not.

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