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Escrow & Title

Escrow
Protected after escrow?
Condominiums as rentals?
Common Ways To Hold Title
Direct deeding is useful
Escrow is open
Comparing escrow fees
Learn about contingencies
Prepare for Escrow closing
Prorations it pertains to rent
Real estate taxes pro-rated
Real property vs. personal property
Real Estate Mathematics
The hidden cost of closing
Utility bills and escrow
escrow agents have to report?
Walk Through Inspection
 
Title
1031 reverse exchange
1031- Avoid capital gains tax
ALTA Policy
CLTA Policy
Community property tates
Creating a trust
Clouds on a title
Do condos need title insurance?
Deed
Deed of Reconveyance
Dealing with boundary disputes
Easements
Exceptions in title insurance
How much is title insurance?
Lis Pendens
Mortgages vs. deeds of trust
Not married? Joint tenants?
Proposed zoning change
Preliminary Title Report
Quitclaim deeds
Statement of Opinion
Title Insurance
Title insurance and builders
Your closing date-Who chooses?
Why you should have title insurance
Who pays for what Fees in Escrow

Quitclaim deeds

A Quitclaim deed can be used when more than one partner wishes to end their partnership and ownership of a particular property. This is a fast way to end your rights to property and there is no rule saying that money must change hands. And there are also no guarantees as to the state of the title when you use the Quitclaim deed.

This is a claim that you can make up yourself or have your escrow office do it for you. It is simple and quick. They can be used for many different things, in fact it is this Quitclaim  deed that is most often used between family members as well as to clean up the title and get rid of any potential claims against it.

But what if the other owner refuses to sell? Then what can you do to get what you need? When you go into business with others and you purchase something like property together then you all have what is known as a right of partition. With this right you are allowed to go to court and force the matter, all assets will then be split up evenly among the former owners. Partition is available to for many different people, for tenants in common, owners as joint tenants, conservatorship, corporations owned by trusts and even tenants with the right of survivorship. These are not quick solutions however not are they cheap so you should make a serious effort to come to an agreement without taking things this far. When going the route of partition you will have to pay some hefty legal fees.

Marriage can complicate things somewhat. For example a married couple cannot seek partition of a property if it is owned by them as tenants in the entirety. If however they were to become divorced that would be a different matter. Once they are divorced unless their divorce agreement says otherwise they can seek partition.

Courts will often have three different appraisers appraise the property in order to find the closest actual value of the property. If it is the division of property that they seek and if the property cannot be divided evenly it will be up to the person who gets the better piece to make it up to the other party. This is known as owelty. Partition is not available to those who have a situation where more than one person, two or more to be exact, want to end their co ownership in these cases another solution must be thought of.

It is in your best interest to try to come to a better solution than partition. This option should always be your last resort, the thing you try when nothing else ahs done the trick.