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Transfer of real estate question
- Thread starter tech_girl
- Start date
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Just Blue
Senior Member
What do you mean he won't sign the name over to him? You are the one that quit claims it over to him at the time of sale. Did you do that? How was this sale done?
Ohiogal
Queen Bee
Why didn't you transfer the title to him at closing? Who is your title company?
LdiJ
Senior Member
I think she is saying that her brother won't file the quit claim deed so that the property shows in his name. Tech_girl, are you paying the property tax bills? If you are not, then the property is probably going to be sold at auction on the courthouse steps soon and your brother should be informed that he is being an idiot and will screw up your credit as well. If you have been paying the bills, then you should look into whether or not YOU can file the quit claim deed.
quincy
Senior Member
As seller of the property, tech_girl can fill out the quitclaim deed herself, have her signature notarized, and deliver the deed to her brother. That is all that is really necessary for a valid transfer of property in Texas.
That said, unless or until the quitclaim deed is recorded in the county where the property is located, the taxing authority will continue to send tech_girl the property tax bills. She is the only recorded owner.
Many counties in Texas have simple quitclaim deed forms available and one can be filled out by tech_girl. She will want to have the legal property address on hand for filling out the form. She can find the legal description on the tax bill.
Her brother’s signature is not necessary unless the transfer of ownership in the property has special conditions attached to the sale. But her brother does need to be given a signed and notarized copy.
That said, unless or until the quitclaim deed is recorded in the county where the property is located, the taxing authority will continue to send tech_girl the property tax bills. She is the only recorded owner.
Many counties in Texas have simple quitclaim deed forms available and one can be filled out by tech_girl. She will want to have the legal property address on hand for filling out the form. She can find the legal description on the tax bill.
Her brother’s signature is not necessary unless the transfer of ownership in the property has special conditions attached to the sale. But her brother does need to be given a signed and notarized copy.
LdiJ
Senior Member
My point was whether or not the OP could file the quitclaim deed herself to make the transfer official. She needs a consult with a local attorney.
quincy
Senior Member
The quitclaim deed forms I have seen (available at some Texas County clerk offices) do not seem all that difficult to fill out and should not require the services of an attorney. The only information that might otherwise puzzle a property seller is properly identifying the property - what is needed is the legal property description, which can be found on tax bills and mortgage papers or by asking the county clerk.
Here is a sample quitclaim deed from Collin County, Texas:
https://www.collincountytx.gov/law_library/Documents/online_forms/QuitclaimDeed.pdf
And here is a link to a simpler form:
http://deedforms.org/wp-content/uploads/Texas-Quit-Claim-Deed-Form.pdf
Someone can even create their own form as long as the required information is included and the signatures are notarized.
Once the brother has a copy of the quitclaim deed, it can be recorded by either tech_girl or the brother, and the brother can start paying the taxes on his property.
tech_girl can check to see if the County has a form they prefer and tech_girl always could hire an attorney if she wants to make sure everything is done correctly.
Here is a sample quitclaim deed from Collin County, Texas:
https://www.collincountytx.gov/law_library/Documents/online_forms/QuitclaimDeed.pdf
And here is a link to a simpler form:
http://deedforms.org/wp-content/uploads/Texas-Quit-Claim-Deed-Form.pdf
Someone can even create their own form as long as the required information is included and the signatures are notarized.
Once the brother has a copy of the quitclaim deed, it can be recorded by either tech_girl or the brother, and the brother can start paying the taxes on his property.
tech_girl can check to see if the County has a form they prefer and tech_girl always could hire an attorney if she wants to make sure everything is done correctly.
Last edited:
Please explain exactly what this means. Did you handle the sale through an escrow or title company? Or did you simply give him a deed in exchange for a check? If the latter, I'm guessing that he hasn't filed/recorded the deed with the local county recorder/clerk.
Well...for starters, what has your brother told you over the past three years when you've asked why he "won[']t change the name . . . over to him[self]"? Additionally, have you contacted the county recorder/clerk about this issue? If not, why not? If so, what were you told?