• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!

    Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 30 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 30th anniversary: Happy 30th Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    Free memberships for every 50 subscribers!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $21,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $21 Million dollars
  • Sign up to get the TUG Newsletter for free!

    60,000+ subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

What to do if Quit Claim deed is recorded versus Warranty Deed?

Talent312

TUG Review Crew: Veteran
TUG Member
Joined
Jul 4, 2007
Messages
17,502
Reaction score
7,311
Points
948
Resorts Owned
HGVC & GTS
I have been reading these posts and wondered if I am understanding them right. I have owned my resort for many years and my children have been with us a lot. We are getting close to not being able to travel so would like to make it over to our children. As I understand it I could make a Quit Claim Deed to them and have it registered at the court house and take it to the resort for them to make their changes. Is this about right or have I missed something?

You are correct, sir! QCD's are quite suitable for intra-family gifts.
However, first check with the resort to make sure that a QCD will be acceptable,
as there are some that do not consider them sufficient.
 

Dave H

TUG Member
Joined
Jul 28, 2007
Messages
417
Reaction score
3
Points
228
Location
Orlando
I have been reading these posts and wondered if I am understanding them right. I have owned my resort for many years and my children have been with us a lot. We are getting close to not being able to travel so would like to make it over to our children. As I understand it I could make a Quit Claim Deed to them and have it registered at the court house and take it to the resort for them to make their changes. Is this about right or have I missed something?

Thanks for any help Evie:confused:

Evie:

Yes you can quit claim your interest to the kids, but if you took title by way of a warranty deed, it would be cleaner from a chain of title perspective when the time comes to sell it if they had a warranty deed and could give a warranty deed in place of it.

If you got it with warranty and you have not created any liens against the property there should be no reason not to give warranty to them.

Dave
 

Defcon1

newbie
Joined
Oct 27, 2008
Messages
19
Reaction score
0
Points
1
Location
Torrance Calif
QCD

Deeds are specific to the state and in some states, even the county. So you may want to get a legal opinion. Here's my experience about using quit claims. They are specific to California and are provided here only for informational purposes about how I myself have used them here. Others may have opinions other than this but what I am posting here is what I have actually done myself using quit claims and other types of deeds in Southern California.

When you take a quit claim conveying ownership here, the owner is saying take title such as I have. If it's clear of any defects you're fine. If there are defects, you might have issues - you get what he had. My opinion, and this is only my opinion, is that other deeds like a grant deeds give the buyer a much higher level of protection but that does not mean quit claims won't work. They both transfer ownship but quit claims offer the buyer the lowest amount of protection. However, as posted elsewhere on TUG, the seller or TS system or company whatever may have their own requirements regardless of what is best for you. I would be sure my due deligence was done if somebody was requiring you to accept a quit cliam and nothing else.

The advantage of some of the other deeds, if they can be used for your transaction, is that when a seller executes that deed, there are certain legal presumptions they make by executing it. One is the seller, by executing the deed (say a grant deed for example) has not conveyed title to anybody else. So if it happens the seller sells your unit to you and 7 people at the same time, the legal assumption is the seller violated one of the presumed legal warranties in the deed. If the seller used a quit cliam, he still defrauded you if he sold it to 8 people no doubt but you have legal presumptions on your side.

A title company might be hesitant to insure using a quit claim. I don't know.

My opinion is that sometimes quit claims are used because people find them easier to prepare and there are less questions from buyers becuase they are simple, at least the ones I used myself. They convey ownership like the other deeds. I am sure others will have opinions about it. When in doubt, ask a qualified attorney. That's really the only way you'll know.

I routinely use them (quit claim deeds) to take of other issues like minor issues about loans. I know you are taking about a TS ownership change but these mattes come up a lot in lending. The title issues apply whether you finance your purchase or not. This is just some fyi for you to see how I use them. I am in a community propety state. Sometimes, a married person will apply for a loan in their name individually. The non-borrowing spouse must sign a quit claim if they are not on title because even though they are not a borrower, a security agreement is being obtained on an asset the non-borrowing spouse owns jointly. So Joe and Mary, a married couple, own a house. Joe applies for a loan and the loan is granted to Joe. If Mary is on title, she signs the trust deed (only - not the note) with joe. If the property is vested to Joe only, a married man, Mary signs a quit claim. We record the quit claim and then the trust deed. At least in California that's how it's done. Now I have learned from TUG that every state has it's rules and regs (deed state versus mortgage states -big difference) and there will be posts from lots of people like me with opinions. Get a qualified legal opinion for an attorney if you have conerns.

By the way, if you got title insurance, you can bet they took a good look at the deed(s) before insuring the transaction. I sometimes call the title company and ask for their legal department if I have questions about a prelim or some issue with the documents. Don't know if sales with quit cliam deeds transferring ownship are insurable or not.


K
 

Carolinian

TUG Member
Joined
Jun 6, 2005
Messages
10,670
Reaction score
946
Points
598
Location
eastern Europe
There is one other form of deed that you might run into in many states and that is the non-warranty deed, which uses the granting language rather than ''remise, release, and quitclaim'' language of a QCD, but it lacks the specific warranty clauses of a warranty deed. What, if any, implied warranties may exist with a non-warranty deed will likely vary from state to state
 
Top