Legal Question in Real Estate Law in Georgia

Re: Deed/Title Houses

The folks who -are- on title have to sign and record a deed (either quitclaim or grant deed) to convey the property to y'all and them. There might be tax ramifications, however, so you might talk to a tax advisor before you do anything further.

Re: Deed/Title Houses

An attorney where the property is located can handle this for you for a modest fee. This will ensure that the documents are drawn, executed and recorded in a manner that assures the goal of assuring your ownership is achieved.

Re: Deed/Title Houses

If the co-owner's agree to sign a quit claim, then that will do. If they don't you'll need to litigate. Contact me directly.

Re: Deed/Title Houses

I think it would be wise to involve some professionals in the rectification of this problem, in part to avoid possibly creating a larger problem through an inadvertent mistake. Ownership of property by five or more persons (you do not define "we;" that could be a married couple or a partnership of 100) raises potentially rather complex questions as to "vesting," i.e., how title is to be held. There are also serious questions here about how this omission occurred in the first place. I would also suggest in addition to retaining an attorney, to enlist the services of an escrow and title company to carry out the re-titling and make sure everyone is protected with title insurance. In fact, if there are no disputes and the reason for the original omission of your names from title is readily apparent, you could perhaps dispense with an attorney and just use escrow and title to handle the paperwork, which for 5+ people and two properties will be more than you should take on yourselves.

Re: Deed/Title Houses

You need to get a quitclaim deed. The first question is "from whom?". You need to get at least a limited title search done to determine the proper party. The second question is "will he/she/they voluntarily sign?".