Legal Question in Real Estate Law in New York

Land Contract and quitclaim deed

I live in South Carolina and own property in New York, I want to sell NY property on a Land Contract, I also want to put the ''quitclaim deed'' (which is all I have) in my name only (ex-wife signed off) So when my NY property is all paid I will only have to have it signed over to him. Is there a way I can do this without having to go to NY? I just started new job and cannot leave at this time. Thank-you.


Asked on 6/17/02, 10:36 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Land Contract and quitclaim deed

To put title into your name only the following must be done:

1. A deed must be prepared, together with the TP 584 form and an equilization form.

2. The prepared deed must be signed by your ex-wife and you before a notary public. A transfer tax maybe paid depending on the location of the property.

The normal procedure to sell property and take a promissory note is as follows:

1. There is usually a contract for sale. Depending on the type of property, in NY a Real Property Disclosure Statement must be delivered.

2. At closing, a mortgage is usually prepared and signed by the new owner. A mortgage tax is paid with the transfer tax.

Mike.

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Answered on 6/18/02, 8:54 am

Re: Land Contract and quitclaim deed

Yes, this transfer can be done without returning to New York. You should contact your family attorney. If you do not have one you can contact the local Bar Association or email me and I can assist you.

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Answered on 6/17/02, 11:45 am


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