Legal Question in Real Estate Law in Maryland
Refusal of business partner to sgn QC Deed
My mom owns this property in Baltimore that she wants to sell now, she bought it with a business partner years ago and she bought him out of it years ago and the partner signed a release of mortgage and a quit claim deed. However, the lawyer's office never recorded the Deed and lost it and now the business partner won't sign another quit claim deed. What do we do? My mom has a copy of the signed, unrecorded quitclaim deed and the release of mortgage.
1 Answer from Attorneys
Re: Refusal of business partner to sgn QC Deed
First, speak to the department at your local circuit court that handles recordings. Usually it's called the Recording Dept. See if there is a procedure whereby they'll accept a copy accompanied by an affidavit or bond certifying that it's a true copy of the original. If that works, your problem is solved.
If they won't accept the copy in lieu of a lost original, you will probably have to bring a suit against the former partner to quiet title.
Frankly, this should be done by or at the expense of the law firm that failed to record the original deed.