Legal Question in Real Estate Law in Illinois
WE have three people on a recorded quit claim. We want to remove one person from deed (this person did not sign deed before recording and does not know that their name is on deed) Do we need to have this person sign a quit claim to remove their name?
3 Answers from Attorneys
If there is not a signed document from this person on the recorded deed they have no rights. That is why a signature is required - to prevent a situation like this. To be sure, you should ask this person sign a quit claim to the other two parties. It might be embarrassing, but so much of life is.
A Quit Claim is what it says it is: a person QUITS any CLAIM they may have to something. As one of my professors said "You may have eaten lunch there some time."
While an examination of a title search would need to be completed to sort out any confusion, the third person signing a quit claim deed would be the best way to resolve that person's interest, if any, in the property. That does not assure you of anything concerning the interests under the first quit claim deed, nor that this third person has anything to convey, just that this person has conveyed anything he or she may own.
Yes if I understand you correctly but it is wise to run an ownership search from a title company to verify who is "on title". People think deeds are "title" or "ownership"; that is not the way it works. The person conveying real estate on a deed is the "grantor" and the person or persons on a deed receiving the conveyance is/are called the "grantee" or "grantees". Grantees do NOT sign deeds unless there is something very unusual going on; only grantors normally sign deeds. And while grantees do need to "accept" title, recording a deed is notice to the world of "constructive" receipt. Further, you don't "remove" people from a deed, especially after it's recorded. A deed is really only written evidence of a conveyance that is required because we require conveyances of real estate to be in writing in specific form. You remove people from "title" by having them sign over or back the interests they first received through the deed from the grantor on which they were the grantees. Hope this clears things up; if not please have an attorney help you.