Legal Question in Real Estate Law in Florida
genral relase/ quite clam deed?
I have a home in which I had a parnter involed in the home she wanted out and sigend a general release stated she wanted nothing to do with the home and I am trying to buy it out right and the loan company say she needs to sign a quick clam deed taking her name off.But she signed the other . and i looked at the florida statute 709.02 and it states a paper written is legal which her lawyer drew up as she refuses to sign off her name so there for my question is will the release she signed be enough to allow me to buy the home? she wanted nothing to do with the home any shape fashion or form
2 Answers from Attorneys
General release vs. quit claim deed.
A release gives up a claim. It does not CONVEY any interest to you. I doubt you had a real attorney or you were suckered. The proper lawsuit is a Partition action to force a sale and but her out.
Re: genral relase/ quite clam deed?
You need her to sign a quitclaim deed or power of
attorney authorizing you to convey her interest in the
property. The document she signs needs to be witnessed
by two people and notarized. If she does not do that, the
only other remedy I know of is to file a quiet title action
in court.