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DIY Transfering of the Deed

Mida

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Hi, I'm fairly new to TS. My mom gave me her ts because she doesn't want to pay the fees. What do I have to do in order to transfer the deed? I contacted the ts company and they were of no use. They said, "You would need to go through a title company. Here is the phone number to Chicago Title 1 (800)834-3882" I asked if there was a way to do it myself and they said it has to be recorded through a quit claim deed. Can anyone give advice on how I can do this myself or if I should? Can I use the documents on https://www.deeds.com/forms/hawaii/quit-claim-deed/maui/ ? Thank you for any advice
 

bemcfarland

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Quit Claim Deed

Your mother needs to "quit her claim" to the property and you need to file that with your county recorder. Send a copy of the filed and certified deed to the Timeshare company and that should take care of it. I'm sure others will weigh in with more details or correct me if I'm wrong.

You won't have title insurance on the deed but you'll have as good of a claim to the property as your mother had.

Regards,
Bill
 

DeniseM

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You can have a legal title transfer done by a professional, for about $150. It's worth every penny to make sure it is done correctly. If you mess it up, it can cost you far more than $150.

This is who I use:

L.T. Transfers
Lisa Short and Mary Pless
http://www.lttransfers.com/
readylegal@gmail.com
706.219.2709
 

Mida

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Thank you! I was hoping I could do it myself but that seems to be the best price from a professional.
 

comicbookman

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You can have a legal title transfer done by a professional, for about $150. It's worth every penny to make sure it is done correctly. If you mess it up, it can cost you far more than $150.

This is who I use:

L.T. Transfers
Lisa Short and Mary Pless
http://www.lttransfers.com/
readylegal@gmail.com
706.219.2709

I have used LT twice, and found them very professional and easy to work with.
 

theo

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You received some questionable "advice" from your resort...

<snip> ...they said it has to be recorded through a quit claim deed. Can anyone give advice on how I can do this myself or if I should?

You've already received some good TUG advice and references from others above regarding preparation of a new deed and transfer of ownership. The $150 or so will be money well spent. Don't attempt to do it yourself if you don't have the experience; it's just not cost effective and you may be prone to error, however inadvertent.
For $150, leave it to people who do it routinely, correctly (the first time), daily. County recorders can (and do) reject a deed for something as petty as border spacing.

The only two cents I want to add is that if your mother's deed currently on record is a Warranty Deed (...as is likely), then the new deed should be a Warranty Deed as well (i.e., not just a "lesser" Quit Claim deed). In that respect, the company input and "advice" casually provided to you was "considerably less than excellent". :rolleyes:

The distinction between Warranty and QC deed may seem unimportant now, but may be less so down the road if / when you go to sell the interval. Costs are the same. Just a thought...
 
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DeniseM

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Does LT Transfers do warranty deeds?

Yes they do - they will do a complete, professional transfer for you.

A quit claim is more of a do-it-yourself transfer.
 

glmyers

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Thank you! I was hoping I could do it myself but that seems to be the best price from a professional.

The fundamental difference between a Quit Claim deed and a Warranty Deed is the representation of ownership being made by the grantor. Both fully transfer all ownership interest, but with the warranty deed the grantor is claiming to have the interest to transfer. Transfers between family members are often done with a Quit Claim deed and will likely be exempt from property transfer taxes.

Doing a deed yourself is not hard, but it is critical to get every detail correct. With a deed between family members correcting an error is much easier than in a sale, but it can cost time and money to fix. $150 is a very reasonable price to have somebody take care of making sure the transfer is done correctly, but it really is not hard to do your own deed if you have the required information. Knowing you have a correct legal description is the key to getting it right.
 

vista9

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Can I use L.T. Transfers to remove one Spouse Name from Timeshare?

I am married and wondered if I can use Mary at L.T. Transfers to remove one spouse's name from the Timeshare, so that in the event the elder of us passes, the younger spouse would be rid of the timeshare? (Trying to think of a way to get rid of a timeshare). Thank you for any advice!
 

Talent312

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I am married and wondered if I can use Mary at L.T. Transfers to remove one spouse's name from the Timeshare, so that in the event the elder of us passes, the younger spouse would be rid of the timeshare? (Trying to think of a way to get rid of a timeshare). Thank you for any advice!

If in the name of one spouse only, the surviving spouse may refuse the inheritance. However, if an estate is opened, the executor would have a fiduciary responsibility to pay claims for MF's and to try to unload it in some fashion reflecting its fair market value.
-------------------

Using a pro is always preferable to a learn-as-you-go approach. But if all you are doing is changing names, this isn't rocket science. Just take the deed you have now. Copy it eggsactly (word for word), keeping the same margins and spacing, except that:

The "grantees" under the current deed are now listed as the "grantors."
The new owner(s) are listed as "grantee(s)" and how title is to be held -- as husband + wife, joint tenants w/right of survivorship or tenants in common -- is also listed.

Then all "grantors" (even if also a "grantee") sign the deed before a notary public with witnesses. Then you contact the public records office where the property is located ask about the recording procedure and pay applicable fees and taxes. After the original is recorded and returned, you send it or a certified copy to the resort (paying their fee) for the transfer.

Essentially, that is what LT Transfers will do for you, for their fee.
.
 

vista9

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Yes it is in both our names currently

The ownership is currently in both of our names. I wondered if I could do what you said. The timeshare is with Rayburn Country. They said I had to use a Title Company and couldn't do the paperwork myself, but this was back when I thinking about selling it to another party and not just taking one of the names off the deed. So, if one of us passes and the ownership is in only one of our names, would the other spouse be responsible for the timeshare?
 
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DeniseM

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The ownership is currently in both of our names. I wondered if I could do what you said. The timeshare is with Rayburn Country. They said I had to use a Title Company and couldn't do the paperwork myself, but this was back when I thinking about selling it to another party and not just taking one of the names off the deed.

Unless $150 is a hardship for you - I wouldn't. If you inadvertently mess it up, it could cost far more than $150 to fix it.

-The new deed has to be prepared correctly, and in compliance with local law.

-It has to be sent to and accepted by the county recorder's office.

-Then the stamped and recorded deed has to be send to and accepted by the timeshare management company.
 

vista9

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Is this something within the scope of LT Transfers?

The $150 is not a hardship. I was mainly wondering if this is something Mary at L.T. Transfers could handle for us. I would rather pay the money and have it done right. Then, the surviving spouse is responsible or is the surviving spouse not responsible?

Unless $150 is a hardship for you - I wouldn't. If you inadvertently mess it up, it could cost far more than $150 to fix it.

-The new deed has to be prepared correctly, and in compliance with local law.

-It has to be sent to and accepted by the county recorder's office.

-Then the stamped and recorded deed has to be send to and accepted by the timeshare management company.
 
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DeniseM

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The $150 is not a hardship. I was mainly wondering if this is something Mary at L.T. Transfers could handle for us. I would rather pay the money and have it done right. Then, the surviving spouse is responsible or is the surviving spouse not responsible?

Yes - LT Transfers is a title company.

I thought you were referring to doing it yourself when you wrote: "I wondered if I could do what you said."

A timeshare is part of the estate, the heirs of the estate will inherit it. If they don't want the timeshare, they can refuse it by filing documents with the court. Once those documents are filed, and the current bills are paid, the remainder of the estate can be distributed, and the executor can notify that management company that the heirs have refused the inheritance.

However, if the owner, and the family don't want the timeshare, it makes a lot more sense to give it away while the owner is still alive to handle it.

Here's how to give it away on TUG: http://www.tugbbs.com/forums/showthread.php?t=132509
 
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vista9

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Will try the usual route

I just wondered if it were possible to remove one spouse's name, and it appears that it is possible, however it is not the optimum way to do it and I should try the traditional route by trying to give it away. On tugs I see 3 other people trying to give away their Rayburn Country Timeshare without any luck, but one never knows. Once I find a buyer, then I should contact Mary at the title company to enlist her help in the transfer paperwork? right?
 

DeniseM

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Even if you remove the spouse's name from the timeshare, the spouse, or the children are still going to be the heir's, just like any other property.

For instance, if you took one spouse's name off the title of their house, and then the spouse on the deed dies, the spouse whose name was removed, will still inherit the house.

I recently gave away an "undesirable" timeshare, and I posted Ads several places: TUG, Craigslist, Redweek

It took months, but I ended up giving it away on Craigslist.

Be prepared to make it more attractive by paying the maintenance fee for one year, and the title transfer costs.

In other words, don't charge the new owner ANYTHING to adopt your timeshares.
 
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vista9

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Transfer it free and clear and paid for a year

Thank you for your help. That's exactly what I plan to do. The 2016 membership dues are paid, the timeshare is paid off, and I will state that I will pay the transfer fee or any other fees in order to transfer the timeshare. This is similar to what others offer.
 
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