eSignature Licitness for Quitclaim Deed in Australia

How to eSign a document: e-signature licitness for Quitclaim Deed in Australia

why is a quick claim deed a bad idea my name is Amanda Rocha I am an estate planning and probate attorney in California and today I am going to tell you a real life story of how a quit claim deed has completely derailed this family's Plan before I get into that I want to give you my contact information you can find me on my website .amandarojawlaw.com you can comment down below if this platform allows you to do that or follow along on my social media I'm at Amanda Rocha law so the story is that a married couple had several adult children and at the end of their life they decided to put their home into a revocable living trust to avoid probate and they did so naming their oldest daughter as their trustee and sole beneficiary of the house the other kids got other things and so there was no issue as to who was receiving what once the parents passed away the daughter moved into the house and made it her primary residence and she's lived there for the last 25 years without any issues uh before her title was changed she actually asked trustee filed um the requisite documents with the county recorder's office letting them know that her parents had passed away and then when she went to transfer the property from the trust to herself she used a quit claim deed which is her big mistake she didn't know it was a mistake and it's been now 25 years she is ready to downsize and move into a smaller house herself she is elderly and she went to go sell her house and the title company is asking for a copy of the trust she cannot find the trust and none of her siblings have a copy of the trust her parents obviously passed away and they don't have a copy the county recorder's office never gets a copy and the attorney who created it retired and no longer has a practice and nobody can figure out what happened to her documents so at this point she cannot sell her house she has to now file something with the Probate Court asking for instructions from the judge in order to actually figure out how they can sell this house which is a complete derailment of her plan because she had already found an all-cash buyer with a very short seven-day closing and that had to go through so the moral of the story here is that a quit claim deed does not transfer title unless it's something that you guarantee that you have and a quick claim dude cannot guarantee that there are different kinds of needs that you can use a quick claim deed is one of them a warranty deed is another and Grant Deeds are another Grant Deeds are what I use for my clients when I am transferring their property from themselves to their trust and it's what my clients will use when they are transferring or their trustee will use when they're transferring title from the trust to themselves because a grant deed guarantees that you own the property or you have a right to own the property that you are transferring oh quit claim deed literally makes no guarantees that you even own or have anything to do with the property in that document it's kind of saying to the County Recorder if I have a claim to this property I'm going to transfer it to X person but the County Recorder doesn't follow up to see if you have a claim to the property it's the next person so in this case it's the title office and they're doing what they're supposed to do they're due diligence and making sure that when she did transfer that property she transferred it properly to the right person but because there's no copy of that that deed doesn't help her and warranty deeds really aren't something we use in California so her other option and the best option would have been to use a granteed if you ever want to use a quit claim deed stop and ask yourself why would you not just fill out a grant date instead it doesn't cost any additional money and it's basically the same format so if you have questions about this please drop them below if this platform allows you to do that you can follow along on my social media at Amanda Rocha law send me a direct message or comment on one of my videos there um or go to my website .amandarochalaw.com and on the contact page you can schedule a call with me or send your question directly submit it to me via email thank you