[bobfl]

I am looking at a house online in TV and I checked it on Sumter records and I don't quite understand what I see. It was originally sold in 2004 for around $180. They then list a sale in 2007 for $67,000 as a quit claim deed. What does that mean? I think I understand what a quitclaim deed is but maybe not, so hopefully someone can help me to understand this.

Bob

[downeaster]

From Wikipedia:

A quitclaim deed is a term used to describe a document by which a person (the "grantor") disclaims any interest the grantor may have in a piece of real property and passes that claim to another person (the grantee). A quitclaim deed neither warrants nor professes that the grantor's claim is actually valid. By comparison, a grant deed (or in some U.S. States, a warranty deed), which is normally used for real estate sales, contains certain warranties that vary from state to state. Quitclaim deeds are sometimes used for transfers between family members, gifts, placing personal property into a business entity, or to eliminate clouds on title, or in other special or unusual circumstances.

An example of a circumstance where a quitclaim may be used is where one spouse (grantor) is disclaiming any interest in property that the other spouse (grantee) owns. A quitclaim deed would typically be used in this circumstance.

Another common form of deed similar to a quitclaim deed is the tax deed, which is used by government authorities when selling properties seized for nonpayment of taxes, as the authority will not promise that the buyer will obtain clear title to the property. It may be possible to obtain such assurances, for a fee, from a title insurance company or an attorney who performs a title search.

Of the different types of deeds, the quitclaim has the least assurance that the person receiving it will actually get any rights. In most common law jurisdictions, a quitclaim deed is not technically considered to be a deed at all, and, in some jurisdictions, a buyer who receives a quitclaim deed may not be considered a bona fide purchaser for value unless the quitclaim deed meets certain requirements. It fails to meet all five traditional tests of a true deed found in common law. Instead, it is considered to be an instrument of estoppel, which means it estops or prevents the grantor of the quitclaim deed from later claiming that he or she has an interest in the property. Title companies may be unwilling to issue title insurance based on a quitclaim deed; thus, quitclaim deed holders may have to obtain further proof that a bona fide sale occurred or institute a "quiet title" action in a court to obtain clear title.

The grantee in a quitclaim deed (or a grant deed or warranty deed) receives no better title than what the grantor possessed.

A quitclaim deed does not release the party quitting claim to real property from their obligations under any mortgage or other lien secured against said property.[citation needed] The most accessible means of being released from one's obligations under a mortgage pursuant to the execution of a quitclaim deed is through refinancing. The party to whom the property was conveyed must refinance the property using their own income, assets and credit, and may not use the income, assets or credit of the party who has quit claim.

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DC

Sounds like someone paid someone off for $67K to get their name off the deed. Maybe a divorce????

[travelstiles]

House: $180,000
Divorce settlement? $67,000
peace of mind............priceless! wav

[bobfl]

Thanks for the help.

While playing golf we discussed this question and no one could agree:

Is the owner's cost now 180,000 or 247,000? a group of us could not agree. What do you think?

[villages07]

BobFl...

Not sure what you mean by "Owner's cost".... If this was a quit claim related to divorce or perhaps estate settlement,then I don't think it affects the home's assessed value or potential resale value. If they bought in 2004 they probably realized some appreciation before the market downturn in late 2006. As you say, it sold for $180 in 2004...you obviously know what it's listed for now. If it's listed at $247, then that's probably the owner trying to recoup his full investment and buyout and may not accurately reflect market conditions or current value.

With the Sumter county site, you can look at neighboring properties and see what recent resales have gone for.