Legal Question in Real Estate Law in New York

Re: Quitclaim deed

1. Recording. It is not necessary for a deed to be recorded in order to transfer title. Only that it is properly signed, notarized, and delivered to the grantee. It is the delivery which completes the transfer. That said, there are very real dangers to holding an unrecorded deed. Anyone who acquires an interest in the property, by a subsequent deed, mortgage, judgment, lien, tax warrant, etc. will take their interest in the property ahead of your interest (there are exceptions, but the general warning is worth heeding).

2. Taxes. Generally, if the holder of the life estate retains possession, then they are responsible for the taxes. The Deed should specify who is responsible for taxes, insurance, and maintenance, but if not, the intention of the parties controls.

3. Grantee's creditors. Your judgment creditors have a lien against any property you own within the county in which the judgment is filed. Thus, if their judgment is filed, they do have a lien on your interest in your father's house.

There are a variety of ways this set of facts can play out, and in my view, you should see an attorney who can review the additional facts needed to evaluate this situation and provide you with guidance.