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  1. #1
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    Default Does a Later Quit Claim Deed Nullify a Prior Deed

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

    In 1999 my brother and I were named as quitclaim deed recipients of my parents' house by mom and dad, with them having a life estate until they died.

    My father died in 2011, and my mother filed another quitclaim deed with a life estate provision 3 months before her death in 2014. That deed named only my brother as the recipient of the house.

    I have seen that quitclaim deeds can be filed to correct discrepancies in previous deeds, but is changing the ownership a discrepancy?

  2. #2
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    Your mother no longer owned the home when the second QC deed was written. The only thing she owned was the life estate. She could transfer that but that's it.

  3. #3
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    Once you deed something away. you don't own it anymore. Any successive deed doesn't own that.
    The only thing a later quit claim can do is deed away any rights that remain. As JK says, the only thing your mother owned was a life estate which she reservered. She had nothing else to deed your brother at that point.

    Quit claims don't "correct" anything, they just transfer any rights without representation as to what they are. The only time they are useful to correct anything is when the grantor doesn't believe he owns the property and wishes to assert that belief.

  4. #4
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    Quote Quoting flyingron
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    Quit claims don't "correct" anything, they just transfer any rights without representation as to what they are. The only time they are useful to correct anything is when the grantor doesn't believe he owns the property and wishes to assert that belief.
    Quitclaim deeds are used to correct defects and clouds on title such as missing signatures, misspelled names, missing witnesses, incorrect descriptions, covenants, etc. They do have to be signed by the original grantor of the defective deed though.

  5. #5
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    The correction is limited to things that were intended to be transferred in the first deed but either in fact, or perhaps in appearace, did not. The QC just then transfers the rights that didn't transfer initially.

    The QC can't correct a case where I said in the origianl deed I want to give it to X and really I want to give it to Y.

  6. #6
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    Agreed.

  7. #7
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    A subsequent QC deed doesn't correct anything. At best it can be seen as attempting to clarify an issue such as the examples given.

    A corrective deed is used to correct a deed. A scriveners affidavit can be used to correct a deed if there was simply a scriveners error (name misspelling, error in description (as opposed to a truly difference in the description)

    While it was stated a QC deeds transfers rights not originally transferred, that would not be a correction or correct. All rights transferred in the original deed did transfer. A QC deed may transfer other rights but since the rights addressed in the original deed were complete upon execution of the deed, the QC does not correct anything there.

    As to correcting a defect; again, it cannot make a correction. As an example; the incorrect description. That is usually a situation where it requires an actual corrective deed to settle the issue but if the original deed did not include land intended to be transferred in the original deed but not included for some reason, sometimes a QC deed would be used to transfer that additional land. In truth an additional general warranty deed should be used though as recieving the additonal land is no different than recieving the original land. It is in effect a seperate transaction and it should be treated no different than the original land transfer. Accepting additional land via QC deed can in fact impose a cloud on that parcel since the grantor is doing nothing but relinquishing all held claims to the grantee. As with any transfer, the grantor is claiming no actual rights to the land and definitely not warranting the title to the land but simply relinquishing any rights held. For all anybody knows there could be 27 other claimants to the
    Land addressed in the QC deed.

  8. #8
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    I was confused on this because of the wording of the 2nd qc. This statement is in there... "Grantors also reserve the right to change or remove the remainderman at any time, without the consent of the remainderman ..." This clause was not in the 1st qc deed, it said 'forever'. So if the wording is in the deed, you can really change who the property belongs to? Maybe life estate clauses change things?

  9. #9
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    Default Re: Do Later Quitclaim Deeds Nullify Former Ones

    If that was in the first deed it would make a difference. Since there was no reservation in the first deed, the second deed is ineffective as to ownership and the remaindermen.

    It could transfer her life estate though and it could reserve a right to change its effect but again, since all she owned at the time of writing the second deed was the life estate, it could not change things she had no control over such as the actual ownership of the land.

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