Quit Claim Deed not filed

[bugsmom18]

What is the name of your state? Iowa

My husband was divorced a few years ago. We purchased a house last year. While searching the assessor website for information we found that his name was still on his ex-wife's home (she kept it in divorce). After doing a little background work, the ex-wife had the original mailed to her from clerk of court that they needed more money for the filing fee. Her (ex) lawyer no longer has an office either. My husband's lawyer has a copy of the deed that he signed and returned to her lawyer but the recorder's office will not accept a photocopy to record that transaction of removing my husband's name from the deed.

I can get a photocopy of the quit claim deed. My question is this: can we type this up ourself, have husband sign it (an ex if needed) and take it to recorder without the help of a lawyer? The recorder's office said that we would need to contact a lawyer to make sure it's correct, but if we have a copy of what was supposed to be filed, would we be ok to to copy that info onto a new form, sign and record?

We don't need more legal fees if possible! Thanks.

 

[moburkes]

What is the name of your state? Iowa

My husband was divorced a few years ago. We purchased a house last year. While searching the assessor website for information we found that his name was still on his ex-wife's home (she kept it in divorce). After doing a little background work, the ex-wife had the original mailed to her from clerk of court that they needed more money for the filing fee. Her (ex) lawyer no longer has an office either. My husband's lawyer has a copy of the deed that he signed and returned to her lawyer but the recorder's office will not accept a photocopy to record that transaction of removing my husband's name from the deed.

I can get a photocopy of the quit claim deed. My question is this: can we type this up ourself, have husband sign it (an ex if needed) and take it to recorder without the help of a lawyer? The recorder's office said that we would need to contact a lawyer to make sure it's correct, but if we have a copy of what was supposed to be filed, would we be ok to to copy that info onto a new form, sign and record?

We don't need more legal fees if possible! Thanks.

I don't understand the big deal about the deed. Did she refinanced the home?

 

[bugsmom18]

She has actually re-fi'd twice and was asked if my DH's name was to be on mortgage. She said no and I guess they let it drop (her mtg co) As far as the recorder's office goes, he still owns the house & name is on property tax statement also. He wants it removed and the recorder's office says that quit claim deed needs to be filed with them. They want the original and we (us or husband's ex who we've talked to) can't find it - only copies. Can we type a new one, sign and record without a lawyer's help?

 

[moburkes]

She has actually re-fi'd twice and was asked if my DH's name was to be on mortgage. She said no and I guess they let it drop (her mtg co) As far as the recorder's office goes, he still owns the house & name is on property tax statement also. He wants it removed and the recorder's office says that quit claim deed needs to be filed with them. They want the original and we (us or husband's ex who we've talked to) can't find it - only copies. Can we type a new one, sign and record without a lawyer's help?

I just wanted to make sure that it made sense. Have you asked her if she still has it? Does she also need to sign it?

 

[bugsmom18]

I talked to ex this morning and she can't find it anywhere. I don't have the copy with me here at work so I can't tell you whether she signs it along with my DH, but that wouldn't be a problem as she lives in the same town & we see her regularly for my stepDD. I just wasn't sure if this was something we (me locating new paper & filling info as per photocopy, DH and his ex if necessary) could do without a lawyer. The recorder's office made it sound like it could ONLY be done with a lawyer.

 

[moburkes]

I talked to ex this morning and she can't find it anywhere. I don't have the copy with me here at work so I can't tell you whether she signs it along with my DH, but that wouldn't be a problem as she lives in the same town & we see her regularly for my stepDD. I just wasn't sure if this was something we (me locating new paper & filling info as per photocopy, DH and his ex if necessary) could do without a lawyer. The recorder's office made it sound like it could ONLY be done with a lawyer.

If you've got a copy, and all you're going to do is copy that word for work and "re-file" it, I can't imagine why you can't do it on your own, especially since she is willing to help.

 

[bugsmom18]

That's what I was thinking. Thanks for your help. BTW I love your quote - fits me too! haha