Wavier of rights and sale of homestead
My mother died and had no will. Their were just myself, my brother and my sister. Both my sister and my brother wavied their claims to the estate to me. Now I am selling the house and am told that I need a “quit claim” deed from both. Is this the only way that I can sell the house? My brother is very hard to locate and the closing is set for July 11,2000. Is there anything that I can do to make this closing happen.
Need for Quit Claim Deeds to sell inheirited Home
FACTS: Mother died with no will; left three
children; two wavied claims to me; selling house;
told need “quit claim” deeds from both; brother is
very hard to locate and the closing is set soon.
Q. Is this the only way that I can sell the house?
Is there anything that I can do to make this
closing happen?
A. If the closing has not taken place yet and
there is no third party [bank/mtg. co.]financing
involved, then you can sign an “Agreement for
Deed”. This is a contract that says you will
deliver good and marketable title at a later date
if all monthly payments are timely made to buy the
home.
If third party financing is involved, then you
will have to clear up the title and Quit claim
deeds would be the cheapest and best.
William W. Fernandez, Sr., J.D.
Wm. W. Fernandez, Sr., J.D., Atty. at Law
250 East Panama Road
Winter Springs, FL 32708-3516
Re: Wavier of rights and sale of homestead
Your brother and sister continue to be record owners of the property. A quit claim deed from each of them would be necessary to release their interests. If they truly “waived” their interests in the estate, that may be sufficient. I would need to examine the “waivers”. Right now, try to preserve the sale by going with a “rent to own”, cotract for deed, option or some other type of document. Be sure to tell the buyer this problem exists. Good Luck! JMC
Joel Cohen
Joel M. Cohen,P.A.
238 East Intendencia Street
Pensacola, FL 32501