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Q: quit claim deeds ( No Answer,   6 Comments )
Question  
Subject: quit claim deeds
Category: Business and Money > Finance
Asked by: kvkah-ga
List Price: $10.00
Posted: 22 Dec 2005 08:39 PST
Expires: 21 Jan 2006 08:39 PST
Question ID: 608904
I am wondering if we can use a quit claim deed to purchase just a
portion of someones property?  We would like to help someone out
financially but aren't in a position to buy them out completely. We
live in California and the property is in Pueblo,CO.
Answer  
There is no answer at this time.

Comments  
Subject: Re: quit claim deeds
From: markvmd-ga on 22 Dec 2005 18:33 PST
 
Could get messy, plus you are opening yourself up to a bunch of
liabilities (tax, injury, etc). Why not loan the money and have them
secure the loan with the property?

And, for goodness sake, get yourself a lawyer to do this!
Subject: Re: quit claim deeds
From: kvkah-ga on 22 Dec 2005 18:40 PST
 
thanks for your comment. That was my original idea but then someone
mentioned doing a quit claim deed so I thought I'd look into that.  Do
you know what kind of document is best to use for securing the loan?

Really appreciate your feedback.  My problem is that the person I am
trying to help is a lawyer and I know will want to avoid any further
lawyers.  I am trying to learn all my options on my own so that I do
the smartest thing.
thanks
Subject: Re: quit claim deeds
From: myoarin-ga on 23 Dec 2005 05:11 PST
 
He's a lawyer, you need a lawyer.  IF he wants your help, he should
accept a fair loan agreement.
Mark is right, with a partial interest in the property, it could
become messy, down the road and along the way.  You own a piece of
something, but to get your money back could be difficult, say, he
doesn't agree to sell, or  - if it is possible -  makes it difficult
to have the property subdivided.  (It would be difficult, finding an
agreement on how much land and which part fairly represented what you
originally paid, especially if the value of the property changed, as
it would, either way.  Maybe, he would want to buy you out if his
financial situation improved, at what price:  to cover your payment
and undefined interest, your proportional share of the property at
current value  - up or down -  by whose estimate?)
Insist on a loan with a lien:  simple, clean, you know what you will
get back, and if he unfortunately cannot meet the payments, with the
lien you are in a much stronger position, in the worst case being able
to foreclose.
Don't leave it to him to have the lien registered, but a lawyer will tell you that.
Good luck
Subject: Re: quit claim deeds
From: myoarin-ga on 23 Dec 2005 05:12 PST
 
OH, I should have referred you to the disclaimer at the bottom of this
page:  this is no legal or professional advice.
Myoarin
Subject: Re: quit claim deeds
From: markvmd-ga on 23 Dec 2005 07:24 PST
 
It's a lawyer that needs financial help and you are considering
getting into a contract? My personal opinion is RUN AWAY.

If you need to go to court to enforce any aspct of the contract, you
will pay each time. Your opponent will not. How do you think this will
affect your decision to try to correct defects or torts?

An attorney who wants to avoid other attornies has something to hide.
Subject: Re: quit claim deeds
From: unclescotty-ga on 23 Dec 2005 07:56 PST
 
As an Investor I do this sort of thing all the time.  What I use is a
Title Holding Land Trust (Illinois Type).  After setting up the Trust
you simply make a "contribution" to the Trust. Your contribution then
can be used for whatever purpose you and your friend would like.

Your Contribution is secured by the Trust and the Property to which it
holds Title without having to place you on your Friends Title and
violating their lenders Due-on-Sale provisions.  The last thing you or
they want is to have more names on the title.  The absolute worst way
to own property is not only in your own name but in "joint tenancy" or
having others on title.

If any of the names on Title get in any legal trouble (i.e.
Bankruptcy, Divorce, Creditors, Lawsuits etc.) the whole property can
have a Lien and or Judgement placed against it.

With that said, you need to be very careful about who and what you use
to set up the Trust.  I have found that 99% of all Attorneys have no
clue what one is or it's many uses.

I use them for Safe, Ethical, Moral and Legal "Foreclosure Bailouts".

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