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Revisiting: REOs with Quit Claim Deeds. It Could Happen

By
Real Estate Broker/Owner with Realty Arts NC Broker License #235526

I mentioned this here a while back, and went into it a little deeper than I would generally, as we had a live offer on the table. But you MUST read the addenda on REOs, refer to attorneys, and keep your client safe as possible.

REOs with Quit Claim Deeds... I wonder if it has actually happened to unsuspecting buyers? The addenda for the provision certainly exist:

 

Quit Claim Deed Provision in Foreclosure Sale Addendum

 

Want the Brooklyn Bridge? As far as I am concerned, I will Quit my Claim for $20.00. Cash. Good luck with your recording.

See, I am taught that all that QCD is, is a license to hunt. That the "Seller" is just standing back and letting the Buyer have their swing at the pitch.

Yes. Someone other than my clients got the house. And they got a Special Warranty Deed, as happens with most REOs. I am left wondering if they struck out, at attorney's advice, the "Quit Claim Deed" and "Cincinnati arbitration" phrasing like we did on the advice of my clients' attorney.
I will probably never know.

Did I not do my job, as my clients didn't get the house? I ponder that. The money was very close, and the terms we substituted helped keep them safe, although the terms may well be the reason they did not get the house.

Posted by

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Scan the QR Code with your Smartphone to Email MeQR CodeMike Jaquish, REALTOR®

919-880-2769 www.RealtyArts.com

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Independent Broker/Owner, Realty Arts

130 Towerview Court,

Cary, NC

Comments(7)

peter gyoerkoes
Exit Realty NFI - Pensacola Beach, FL

Interesting tidbit.

Mar 06, 2011 02:21 PM
Kathy Denworth
BHHS Keys Real Estate - Islamorada, FL
Realtor in the Florida Keys, Islamorada, Key Largo

That is one of the reasons I recommend that the buyers use their own Title Company. That way they know the proper research has been done and the Title Company will stand behind the Title.

Mar 06, 2011 02:21 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Pete,

Yes.

Kathy,

I agree.  In NC, we typically close with attorneys, so I recommend an attorney to buyers, unless they have one whom they know and use.

Mar 06, 2011 02:31 PM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Mike...

That's wjy an owner's title policy is a MUST, expecially with REO properties.

Mar 06, 2011 02:36 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Richard,

Right.  I never thought of them as optional.

Mar 06, 2011 02:41 PM
Mike Saunders
Retired - Athens, GA

Mike - sometimes, no matter how diligent we are, our client's don't win. I do agree with you on striking out those quit claim terms (on attorney's advice of course). We do need to protectt our clients. Yes, to buyer's title insurance. I have been 100% successful in getting my clients to purchase it over the past two years.

Mar 07, 2011 01:41 AM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Mike,

Thanks.

No question on the title insurance.  I don't have clients questioning the need.  Not at all.

Mar 07, 2011 04:46 AM