Inexpensive title transfer?? [merged]

[richardm]

Brian, thank you for posting a reasonable response and hopefully an end to this ridiculous subject.... The purpose of Tug is to provide accurate information to consumers- not empower personalities.

Hopefully by providing this information you'll enable the individual readers to make an informed decision, regardless of which method they end up choosing... I think that is all anyone is asking..

 

[Egret1986]

My thoughts and appreciation to Brian also.

Brian, thank you for posting a reasonable response and hopefully an end to this ridiculous subject.... The purpose of Tug is to provide accurate information to consumers- not empower personalities.

Hopefully by providing this information you'll enable the individual readers to make an informed decision, regardless of which method they end up choosing... I think that is all anyone is asking..

The OP must wonder..........."what happened? I didn't mean to start nuth'in."

 

[fadkad]

legaltimesharetransfers.com

Has anyone use the above mentioned company to close a time share purchase? is the company ok?

 

[Carolinian]

Brian, thank you for posting a reasonable response and hopefully an end to this ridiculous subject.... The purpose of Tug is to provide accurate information to consumers- not empower personalities.

Hopefully by providing this information you'll enable the individual readers to make an informed decision, regardless of which method they end up choosing... I think that is all anyone is asking..

If you saw it from an HOA's perspective of defective deeds from many of the jacklegs, then you might not consider this topic ridiculous.

One HOA on the OBX spent thousands of dollars of HOA funds to clean up some of the mess in their deeds caused by unqualified deed preparers. I once owned a week at that resort, but not at the time their board voted 3-2 for that expenditure. Two good friends of mine were on the board at the time at that resort and were the dissenting two. While the board had a right to be frustrated at the deed situation, that was not an appropriate use of HOA funds. Cleaning up deed problems should be an expense of individual owners.

Another OBX resort had one out of state reseller alone record over a hundred totally invalid deeds to its customers and when that was pointed out to the resellers, they refused to do anything about it. In that situtation, the HOA board finally got the reseller to quitclaim all of thsoe weeks to the HOA, with the HOA paying for that quitclaim deed, prepared by its own attorney. Then the HOA got its own attorney to agree to a cut rate of $50 per deed to execute proper deeds from the HOA to those owners with each owner paying the $50. Most of the owners impacted paid and got proper deeds, but a few just kept on paying their m/f even on bad deeds, which the HOA kept on accepting and letting them use their weeks. Of course, they may have a big problem when they go to sell weeks where they have not gotten their deeds corrected.

It is for reasons like this that some NC HOA's asked for help from the North Carolina State Bar to put a stop to jackleg out of state deed preparers screwing up timeshare deeds, and the State Bar responded by issuing Cease and Desist Letters to a raft of them.

Between watching deeds at my own resorts and also in PCC transactions (which always use jackleg deed preparers) from many area resorts, 30-40% of deeds I have seen from these sources are clearly invalid to pass title, while another 15-20% have major defects, ranging from being questionable to pass title to definitely screwing up some major aspect like tenancy in common ownership.

Indeed, every time I see a prime summer week that someone has paid a PCC to take off their hands, and the deed is invalid to pass title, I think about offering to pay the PCC victim $100 for a quitclaim deed to that week, recording the deed, and then asserting my superior title with the resort. North Carolina is a ''pure race'' state on deed priorities so whoever records a valid deed first wins. Being thousands of miles away, however, has kept me from doing that as one might need to be there on the ground to assert that superior ownership.

 

[Carolinian]

Most multi-state timeshare closing companies are a big gamble. They often use one form in their computer for all states, and it may be valid for some but not for others. I have not specifically seen deeds recorded from this particular company, but I have for deeds in eastern NC from many similar companies and many of them are invalid to pass title. Only one of the multi-state closing companies that I am aware of (and it advertises on TUG but is not this one) uses properly qualified and licensed professionals in each state they do closings for.

In many states, including six of the seven states with the most timeshare (Florida, Hawaii, South Carolina, North Carolina, Virginia, and Tennessee), it is a violation of the criminal law for anyone other than a party to the transaction or an attorney licensed in that state (and sometimes a few other limited categories which multi-state timeshare closing companies do NOT fall into) to prepare a deed. Violation is usually a criminal misdemeanor, but is often a criminal felony if money is paid for that service.

With any such service, the first thing you need to ask is the specific name of the person whom the deed will show on its face prepared it. If they saw it will be your name or that of the other party to the transaction, whom you know is not in fact preparing it, then run, don't walk, away from that company. If they give you a name of a different person, check the website of the State Bar of the state where the timeshare is located to see if that state restricts who can prepare deeds. If they do, then check to see if that person is listed on the website as a licensed attorney in that state (the one where the timeshare is located)

Most if not all states that restrict who can prepare a deed have people working to stop unqualified people from attempting to perform legal services. Here is North Carolina's website as an example:

http://www.ncbar.com/public/upl.asp

I am aware that the North Carolina State Bar has sent out Cease and Desist Letters to many multi-state timeshare closing companies demanding that they stop preparing North Caroina deeds, the last step before legal proceedings, including criminal prosecution. They did so because of HOA complaints about many defective deeds from these deed mills.

 

[DeniseM]

Many Tuggers have used Legal Timeshare Transfer, and they get good reviews on TUG. However, they are not a "closing company." They are a deed preparation service and they do not offer other services like title search, escrow, etc.

What they do is deed preparation - they will prepare & mail your deed for you, for an economical, no frills, deed transfer. I have used a deed preparation service for the transfer of a free timeshare between friends, where there was no money involved, and I didn't want any other services.

In most states, you are not required to use an attorney, or a full-service closing company.

 

[Carolinian]

If the average timesharer had enough expertise to know if a deed for a given state was prepared properly or not, they would not need to be hiring any third party to do it, so the only basis for their being happy with such a service would seem to be the price and speed, rather than accuracy.

Some are under the illusion that a deed must be okay if it gets recorded. Not so. Registers of Deeds only look at a few aspects of a deed, mostly having to do with notarization, and from my experience they often do not even look too closely at that, as I have seen many timeshare deeds recorded by the deed mills which mix up corporate and individual acknowledgements, often using the wrong one. That is but one of many common errors by the deed mills, and sometimes but not always may impact the deed's validity. And that is not even one of the state-specific errors they often make.

Similarly, some beleive that a deed must be okay if a resort accepts their ownership, but that is even less reliable than the Register of Deeds. Most timeshare managers I have known are clueless in this department, and no resort in our area spends the HOA's funds to have the HOA lawyer look at it at the time it comes in. They just file it in their deed file. When a problem with some deed comes up, there is a tendency at that point to go back through the deed file, and that is often when they realize it is not an isolated problem. Some do better. The HOA board I served on had a longtime board secretary who insisted on getting copies of deeds himself and had educated himself enough to have a very good knowledge of NC law relating to deeds and if he encountered something new, he would pick up the phone and call the HOA attorney and ask questions. He also maintained all the HOA ownership records and provided the copy the manager worked from. His records were generally meticulous, but instead of rejecting deeds, his philosophy was that it was better to have them paying m/f's, and the HOA's oiwnership records had various notations of ''deed problem'' but unless a rival claimant showed up, the owner with a problem deed was able to pay their m/f and use or exchange their week. I do know of a couple of instances of owners with problem deeds having sales of their weeks fall through when a buyer discovered the same problem.

 

[littlestar]

They were terrific to use for us. We used them for a freebie timeshare we gave away on the Bargain board.

 

[Timeshare Von]

Brian, thank you for posting a reasonable response and hopefully an end to this ridiculous subject.... The purpose of Tug is to provide accurate information to consumers- not empower personalities.

Hopefully by providing this information you'll enable the individual readers to make an informed decision, regardless of which method they end up choosing... I think that is all anyone is asking..

To that end, I encourage that this topic/thread be closed. Enough is enough already!

 

[Carolinian]

From the research of another Tugger (and list compiled by a leading Title Company) Seventeen states and two US territories restrict preparation of deeds to licensed attorneys in that state, with a few exceptions noted below:

Alabama
Arkansas
Florida
Hawaii
Indiana
Kentucky
Louisiana
Maryland
Mississippi
New York
North Carolina
Ohioi
Puerto Rico
South Carolina
Tennessee
Texas
Virginia
Virgin Islands
Wisconsin

Most if not all allow a party to the deed, either buyer or seller, to prepare the deed unless in some cases they are a corporation. In Hawaii, however, if a party to the deed prepares it, to be legal the preparation has to actually be done in Hawaii, not somewhere else, and in Indiana only the seller, not the buyer, is allowed to prepare the deed.

Wisconsin also allows a real estate broker licensed in that state to prepare a deed, and Florida allows title companies to do so if incident to issuance of a policy of title insurance. Lousiana and Puerto Rico, whose legal systems are based on continental European law rather than English Common Law, and for whom the office of Notary Public is much more responsible and requires far more education than in the other 49 states, also allow Notaries Public to prepare deeds.

So, if your timeshare is located in any one of these 17 states and 2 territories, then if this business prepares a deed for you, they should call their operation ''Illegal Timeshare Transfer''.

One interesting quirk was in New Jersey, where non-lawyers could legally prepare deeds, but if an out of state lawyer who was not licensed in New Jersey, then he could be charged with unauthorized practice of law. Probably an out of state lawyer would be more likely to use a form from another state that would not be valid in NJ to pass title.

 

[Egret1986]

I have used their services four times

Has anyone use the above mentioned company to close a time share purchase? is the company ok?

I was very happy with the service provided and would definitely use them again.

 

[timeos2]

I understand what Carolinian is saying but lets be real. Back when timeshares were actually selling for thousands and the resorts picky about buyers the risk was rather high. Now they sell for a few hundred or even nothing & resorts are happy to get a paying owner in the fold so they are likely to accept the recorded deed as binding. They are watching for the shysters running the PPC's and leaving them stuck with delinquent weeks and costly foreclosures, not an individual sller/buyer in good faith transferring a week or two. The risk is near zero that any question will ever arise and the risk of a hundred dollars vs paying $3000 or more to the PCC's (who may leave the "seller" still obligated to the fees & costs despite having paid thousands) is extremely small. Forcing sellers or buyers to pay $300-$600 or more for closing on a free or nearly free week is crazy. Use a trusted service, record the deed and move on. You are never likely to hear from it again.

 

[lennyb216]

Legal timeshares

I have used them on multiple occasions and they have never let me down. They have always been very professional and honest.

 

[Beefnot]

The correct website is www.legaltimesharetransfers.com

 

[Carolinian]

Here is the ABA (American Bar Association) excerpt on Hawaii...

Hawaii
Fought & Co., Inc. v. Steel Engineering and Erection, Inc., 951 P.2d 487 (Hawaii 1998)
In drafting the statutes, the legislature expressly declined to adopt a formal definition of the term "practice of law," noting that "[a]ttempts to define the practice of law in terms of enumerating the specific types of services that come within the phrase are fruitless because new developments in society, whether legislative, social, or scientific in nature, continually create new concepts and -9-
new legal problems." Sen. Stand. Comm. Rep. No. 700, in 1955 Senate Journal, at 661; Hse. Stand. Comm. Rep. No. 612, in 1955 House Journal at 783. The legislature recognized that the practice of law is not limited to appearing before the courts. It consists, among other things of the giving of advice, the preparation of any document or the rendition of any service to a third party affecting the legal rights ... of such party, where such advice, drafting or rendition of service requires the use of any degree of legal knowledge, skill or advocacy.
Sen. Stand. Comm. Rep. No. 700, in 1955 Senate Journal. at 661 (emphasis added); see also Hse. Stand. Comm. Rep. No. 612, in 1955 House Journal, at 783.
Similarly, while it has explored the concept's dimensions, this court has never formally defined the term "practice of law."

 

[Carolinian]

An invalid deed, however, may mean you did NOT get rid of the week!

Here is the danger for the individual owner on taking a chance with a jackleg.

If the deed they prepare and record for you is not valid to pass title then you legally still own the week! You have not legally passed it on as you thought!

Most customers of such companies will have no clue that their cheap and quick transaction that they were happy with for those reasons was invalid until it blows up in their face. How might that happen? Maybe the new owner stops paying and the HOA goes to foreclose. In the packet sent to the local attorney handling the foreclosure will be the deed, and when he sees it he will know it is not valid to pass title, and his foreclosure action should therefore be against the legal owner. Often to cover all potential bases, both will actually be named as defendants or respondents. That legal owner is the person who had thought they had deeded away their timeshare.

For a couple of years, I did foreclosures for my HOA as a favor to them, as it was hardly a moneymaker as I was several hours away from the resort. Fortunately at our resort we did not have as many deeds from deed mills as some HOA's, partly because many transactions went through the local timeshare specialist broker who always had a licensed local attorney do the deeds and partly because we had had a couple of NC attorneys on the HOA board offer to do deeds for members at a reduced rate (and below that charged by ''Legal'' Timeshare Transfers). I did, however, have one situation which is illustrative. A Tennessee attorney, who should have known better, had prepared a deed for one owner who had failed to pay his m/f and was in forecloure. When I looked at the deed, it was fatally defective as to passing title in North Carolina, due to a quirk in NC real property law that I presume did not exist in Tennessee. Our manager than tried to bill the person who owned up untill the bad deed but the bill was returned by the post office indicating they had moved and the time for forwarding had expired. I then contacted the Tennessee attorney, pointing out the deed defect and reminding him that he was not licensed in NC. He was very helpful in getting the matter resolved.

I suspect that a deed mill would be much less helpful in resolving such problems they caused. The result could be an unexpected bill from an HOA for a week one thought they had gotten rid of if your address remained the same, or even a foreclosure showing up on one's credit report. If such an owner had moved, they may be served by publication or even by posting notice on the property and not even know about the foreclosure.

I understand what Carolinian is saying but lets be real. Back when timeshares were actually selling for thousands and the resorts picky about buyers the risk was rather high. Now they sell for a few hundred or even nothing & resorts are happy to get a paying owner in the fold so they are likely to accept the recorded deed as binding. They are watching for the shysters running the PPC's and leaving them stuck with delinquent weeks and costly foreclosures, not an individual sller/buyer in good faith transferring a week or two. The risk is near zero that any question will ever arise and the risk of a hundred dollars vs paying $3000 or more to the PCC's (who may leave the "seller" still obligated to the fees & costs despite having paid thousands) is extremely small. Forcing sellers or buyers to pay $300-$600 or more for closing on a free or nearly free week is crazy. Use a trusted service, record the deed and move on. You are never likely to hear from it again.

 

[Carolinian]

That is not what I am suggesting. From my personal observations of what I have seen actually recorded, the odds of a DIY deed being valid are far greater than those of a deed from a deed mill. A DIY deed costs you nothing but the recording fee and is far better value for money than using a deed mill. I have never been opposed to DIY. I have often recommended on these boards that it is a better option than using a deed mill.

As to attorneys services, I remember a thread on TUG on HHI closings where some Tugger's recommended local attorneys on HHI who did timeshare closings at a price comparable to the multi-state timeshare closing companies. Why would anyone want to use a jackleg when a local professional can do the job for the same price and be much more certain to get it right?

On simple deed preparation, in eastern North Carolina, legal fees on these can run in the $125 - $150 range. Why save just a few bucks to use a jackleg? Sometimes, HOA's may have an even cheaper arrangement with either the HOA's own local attorney or with an attorney who is on the HOA board. It is well worth calling the resort and asking, and then comparing the price as well as reliability.

Forcing sellers or buyers to pay $300-$600 or more for closing on a free or nearly free week is crazy. Use a trusted service, record the deed and move on. You are never likely to hear from it again.

 

[Carolinian]

From the research of another Tugger (and list compiled by a leading Title Company) Seventeen states and two US territories restrict preparation of deeds to licensed attorneys in that state, with a few exceptions noted below:

Alabama
Arkansas
Florida
Hawaii
Indiana
Kentucky
Louisiana
Maryland
Mississippi
New York
North Carolina
Ohioi
Puerto Rico
South Carolina
Tennessee
Texas
Virginia
Virgin Islands
Wisconsin

Most if not all allow a party to the deed, either buyer or seller, to prepare the deed unless in some cases they are a corporation. In Hawaii, however, if a party to the deed prepares it, to be legal the preparation has to actually be done in Hawaii, not somewhere else, and in Indiana only the seller, not the buyer, is allowed to prepare the deed.

Wisconsin also allows a real estate broker licensed in that state to prepare a deed, and Florida allows title companies to do so if incident to issuance of a policy of title insurance. Lousiana and Puerto Rico, whose legal systems are based on continental European law rather than English Common Law, and for whom the office of Notary Public is much more responsible and requires far more education than in the other 49 states, also allow Notaries Public to prepare deeds.

 

[tombo]

I am not well versed in legal transactions, so this is just a question. If you tranferred a deed, it was signed and notarized, it was recorded at the county, and the resort recognized the buyer as the new owner, wouldn't it stand in court that the deed was transferred? All parties involved accepted it as a transfer. The resort billed and accepted MF payments from the new buyer and allowed the new buyer to use the week(s). It would seem that anyone challenging the deed tranfer would not have a leg to stand on. As I said legally that might be wrong, but common sense should show that the deed was in fact transferred and every party involved including the seller, the buyer, the resort, and the state acknowledged that the deed was indeed tranferred. Who would challenge the transfer? How would they challenge it? They accepted the new owner as the owner, billed the new owner, and allowed the new owner to use the week(s).

If a resort placed a collection on me for a week I sold that they had acknowledged a year or years ago was sold and that they had billed the new owner for the MF's I would probably threaten the resort with filing a false collection. They can't say Bill Jones is the owner until Bill Jones doesn't pay and then turn around and sue a previous owner that they no longer have listed as an owner. JMHO.

 

[Beefnot]

If you tranferred a deed, it was signed and notarized, it was recorded at the county, and the resort recognized the buyer as the new owner, wouldn't it stand in court that the deed was transferred?

It does seem logical. If it could be demonstrated that a legitimate deed was illegally prepared, as in by a person or entity that was deemed legally ineligible to perform deeding services in a given state, wouldn't that simply be a civil or criminal matter between the state and the deed preparer for illegal activity?

 

[richardm]

A legal conveyance is very important..

Let's take your example..

A deed that is not legally sufficient to convey title is recorded and sent to a resort. A resort employee doesn't realize the issue and enters the new owner into the records.. Two years later the new owner stops paying. Two years after that, the file is submitted for foreclosure- at which point the firm handling the process realizes that title was never legally conveyed. In order to now foreclose and convey title to the association- action would have to be taken against both parties. What other choice would the association have? They could not simply say oops and leave the unit abandoned forever.

Your implying that the parties involved could sue the association under the concept that the ownership change was originally accepted and therefore invalidates the foreclosure attempt?

I have no idea if that claim would be supported in court- but I do know that the VAST majority of timeshare buyers who spent $1. on a timeshare are not going to spend thousands on a retainer to have an attorney sue a resort.

Whether you are buying or selling a timeshare- there is no valid reason other than apathy for a consumer to not understand the importance of a proper and legal closing process.

Good enough is only good enough until a problem comes along!

It's this kind of mindset that just continues to amaze me. I truly am not trying to be condescending in any way, I just don't personally understand the reasoning that seems so common on Tug where individuals are willing to roll the dice with some of these closings. I see it all the time with Tuggers buying on eBay and accepting a pretend closing agent even when there are advance warnings about the same seller..

Perhaps I'm just far more conservative in nature than others here (for example I've always worn a seat belt even when it wasn't required by law).

I've often thought this carelessness is just an example of lemming behavior- where individuals are encouraged to be reckless by the examples of other tuggers and moderators. But perhaps Carolinian, Dave, and I are just wired a bit differently which is why this matters to us...

I just hope that the information provided herein is considered important enough to be placed as a sticky, so that at least individuals will be able to make an informed decision for themselves.

I am not well versed in legal transactions, so this is just a question. If you tranferred a deed, it was signed and notarized, it was recorded at the county, and the resort recognized the buyer as the new owner, wouldn't it stand in court that the deed was transferred? All parties involved accepted it as a transfer. The resort billed and accepted MF payments from the new buyer and allowed the new buyer to use the week(s). It would seem that anyone challenging the deed tranfer would not have a leg to stand on. As I said legally that might be wrong, but common sense should show that the deed was in fact transferred and every party involved including the seller, the buyer, the resort, and the state acknowledged that the deed was indeed tranferred. Who would challenge the transfer? How would they challenge it? They accepted the new owner as the owner, billed the new owner, and allowed the new owner to use the week(s).

If a resort placed a collection on me for a week I sold that they had acknowledged a year or years ago was sold and that they had billed the new owner for the MF's I would probably threaten the resort with filing a false collection. They can't say Bill Jones is the owner until Bill Jones doesn't pay and then turn around and sue a previous owner that they no longer have listed as an owner. JMHO.

 

[Carolinian]

It does seem logical. If it could be demonstrated that a legitimate deed was illegally prepared, as in by a person or entity that was deemed legally ineligible to perform deeding services in a given state, wouldn't that simply be a civil or criminal matter between the state and the deed preparer for illegal activity?

The issue of whether it was legally prepared or not is a completely seperate issue from whether it is valid or not to pass title. A deed prepared by an attorney may contain an error that makes it not valid to pass title. It is rare, but it happens. On the other hand an illegal prepared deed may meet all of the tests to pass title.

The issue that should be of the biggest concern to those involved in the transactions should be the issue of whether a deed is valid to pass title. An attorney will be specifically famimilar with the law of the state (or occasionally a few states) he or she practices law in. On the other hand, these laypeople who run multi-state timeshare closing companies or deed preparation companies would have us believe they know all the quirks of real property law in all 50 states plus territories? I have seen the result recorded in the courthouse - they don't!

 

[tombo]

Let's take your example..

A deed that is not legally sufficient to convey title is recorded and sent to a resort. A resort employee doesn't realize the issue and enters the new owner into the records.. Two years later the new owner stops paying. Two years after that, the file is submitted for foreclosure- at which point the firm handling the process realizes that title was never legally conveyed. In order to now foreclose and convey title to the association- action would have to be taken against both parties. What other choice would the association have? They could not simply say oops and leave the unit abandoned forever.

.

They would IMO simply foreclose on the week. Once the state, the resort, and the new buyer have accepted the new buyer as the owner I can't imagine anyone other than a lawyer who is on the board investigating the deed as a favor. The resort will not spend the time or money researching previously recorded deeds on deliquent accounts. They will place collections on the person who they show to be an owner, when that person doesn't pay they will foreclose on the week and the association will own it. If they wanted to revert to the prior owner they would be in a sticky situation for allowing someone to use and pay MF's on a week they now say they didn't own for a year or years.

The reason why people want the cheapest transfer is because they are transferring weeks selling for $1. Who wants to pay $300 to $900 to transfer a deed on a week that sold for $100 or less? On a home or any VALUABLE property I would never consider using an unknow closing service and I would demand a title search. For a week purchased for $1, a hundred dollar closing is about as high as I want to go. I can call the resort and see if there are any back dues owed, any liens, check with the county to make sure it in not in collections and foreclosure, and buy it feeling pretty sure everything is OK. If it is not OK I don't own the week and I can buy another one for $1.

I sure don't want to pay $300 to $900 to transfer a week I am selling for $1. I will probably sell a few this year for little or nothing even though I have already paid the 2012 MF's. After paying $600 to $900 MF's for my 2012 week the new owner will get use of I do not want to make my loss bigger by paying a high closing fee.

Now if the resorts are going to start researching deed transfers and nullify some, I sure hope that some of the weeks I am trying to sell will be some weeks that were tranferred incorrectly.

 

[Dave H]

They would IMO simply foreclose on the week. Once the state, the resort, and the new buyer have accepted the new buyer as the owner I can't imagine anyone other than a lawyer who is on the board investigating the deed as a favor. The resort will not spend the time or money researching previously recorded deeds on deliquent accounts. They will place collections on the person who they show to be an owner, when that person doesn't pay they will foreclose on the week and the association will own it. If they wanted to revert to the prior owner they would be in a sticky situation for allowing someone to use and pay MF's on a week they now say they didn't own for a year or years.

The reason why people want the cheapest transfer is because they are transferring weeks selling for $1. Who wants to pay $300 to $900 to transfer a deed on a week that sold for $100 or less? On a home or any VALUABLE property I would never consider using an unknow closing service and I would demand a title search. For a week purchased for $1, a hundred dollar closing is about as high as I want to go. I can call the resort and see if there are any back dues owed, any liens, check with the county to make sure it in not in collections and foreclosure, and buy it feeling pretty sure everything is OK. If it is not OK I don't own the week and I can buy another one for $1.

I sure don't want to pay $300 to $900 to transfer a week I am selling for $1. I will probably sell a few this year for little or nothing even though I have already paid the 2012 MF's. After paying $600 to $900 MF's for my 2012 week the new owner will get use of I do not want to make my loss bigger by paying a high closing fee.

Now if the resorts are going to start researching deed transfers and nullify some, I sure hope that some of the weeks I am trying to sell will be some weeks that were tranferred incorrectly.

Actually our law firm does timeshare foreclosures. And no, if the deed does not transfer title completely, as in the examples above, the rule is you name everyone that has held title back to a good title. That is the policy wether it is a timeshare or a million dollar house.

So while tombo transferred title to jimbo and the title contained a defect and did not legally transfer title and 5 years from now, Jimbo quits paying his maintenance fees and the Association goes to foreclose and they turn it over to the attorney, when title search is done AND the deed was not sufficent to pass title to Jimbo, both Tombo and Jimbo will be named in the foreclosure in order to make sure all parties having an interest or appearing to have an interest are named so that at the conclusion of the foreclosure title is clear again.

So, tell me, is it worth that risk down the road that the deadbeat Jimbo, just put a foreclosure on your public records section of your credit report.

Never once have I or the others said don't go the cheapest route, many lawyers prepare deeds all day long for $100 to $150. All that has been said and continues to be said, the out of state companies that do not follow the laws in what they do are not necessiarly the people that should be trying to pass title. Title work is not a one size fits all and the actual forms and the actual teancy varies greatly in how it is done.

I think that has been the whole exercise here, but people seem to think because the county recorded it and the resort accepted it, it must be good.

A good friend of mine runs the recording division in Orange County is the first to say, WE ARE NOT THE DOCUMENT POLICE. If the document is recordable (usually notaorized) and the money is correct we put a nice little sticker on it and tell you to have a nice day.

From the Counties perspective, they are not attorneys and can not render an opinion if your deed did what it was intended to do. While that is the policy in all of Florida many states share the same belief, if I can record it and the money is right it is recorded.

By the same token, the resort only knows they need a deed that has a recording stamp. If it has that, then they do the transfer. Again, they can not render an opinion of title that it did what was intended.

Herein lies everyones misconception.

 

[Beefnot]

What kind of "defects" are we talking about that would warrant the estimation on the part of the attorney that the "deed was not sufficient to pass title"?