Legal Question in Real Estate Law in Florida
can u sale your house if u give a quick claim deed to someone and they don't have it recored
Asked on 6/18/12, 9:34 am
1 Answer from Attorneys
Dawn Marie Bates-Buchanan
Bates-Buchanan & Savitsky Law Group, P.A.
If you have issued a Quit Claim Deed to someone, despite the fact taht they have not recorded it, if you sold the house to someone else, they could file a claim against the property and you would have what is called a "wild deed." The failure to record a Quit Claim Deed, does not void the person's claim on the property and the date on the deeds will prevail, rather than just who recorded it first. The better option is to find out why the person has not recorded the deed and if they don't want the property and is there an easy way to quiet the title, thereby revoking the Quit Claim Deed, and allowing for the sale of the property. Good Luck.
Answered on 6/19/12, 1:23 pm