Legal Question in Real Estate Law in New Jersey

Its difficult to say without knowing what concerns the title company. I suspect that they are concerned about unknown claims but that should be covered by the exclusions in the policy. More likely, the problem is not with the title company alone but with the wishes of the buyer and the title company's position on that. My guess is that the concern is not that the quitclaim deed is not good but that there may be transactions that are still hidden that may cause trouble downstream. Someone who would falsely swear to a notary is not a very credible person and neither the buyer nor the title company should feel comfortable about relying on further affidavits. In the end, you may have to go to court in a "quiet title" action to get a court order confirming your good title. However, there may be easier courses of action.

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You should have a conversation with the representative of the title company as to what is required. Their attorney will likely be involved. It may be as simple as getting another deed from your father. Or it may be more complicated. You really should have the assistance of an attorney to resolve this issue.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. No one can rely on this advice because no personal meeting has taken place and I have not been retained as an attorney in this matter. If you have not already done so, you should immediately meet with a real estate attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner