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Wisconsin Quitclaim Deeds

Wisconsin Quitclaim DeedA quitclaim deed allows property owners to transfer whatever interest they may have in a specific piece of real estate. The Wisconsin statutes do not contain a specific form for deeds, but they do define what the different conveyances mean, and the minimum information necessary in each (Wisc. Stat. 706.02, 706.10(4)). To be eligible for recording, a deed also must meet all the local rules for content and format as well as the statutory requirements set forth in Wisc. Stat. 706.05.

As opposed to a warranty deed, a quitclaim deed offers no guarantees that the owner has good title or even ownership at all; it simply conveys whatever interest exists at the time of the deed’s signing. Once buyers accept it, they are left with little to no recourse against the former owner. This lack of protection makes a quitclaim deed unsuitable for purchasing real estate from an unknown party.

Yet, a quitclaim deed is fully sufficient to convey property in other circumstances. Consider the following scenarios:

  • Familial transfers: Quitclaim deeds are often used to transfer property within families, for example, between parents and children, siblings and other closely related family members.
  • Adding or removing a spouse: Whether resulting from marriage or divorce, a real estate owner can use a quitclaim deed to add a spouse to the title or to remove him or her.
  • Transferring real estate to an LLC or corporation: Since corporate transfers often happen between closely related entities, they are usually done with this deed.
  • Transferring real estate to a trust: Estate planning for subsequent generations often involves an initial transfer from a family member into a trust.
  • Clearing the title for insurance purposes: In the process of researching the chain of title, title companies may find a "cloud" on it. Generally this means that someone who is not identified in the ownership history may have an interest in the property. This can be amended if the person in question executes a quitclaim deed.
  • Removal of a potential interest holder: Prior to funding a loan, lenders may require someone who is not going to be on the loan, such as a spouse, to record a quitclaim deed, thus formally foregoing any future interest in the property.

Many of the above transfers are exempt from Wisconsin’s real estate transfer tax pursuant to Wisc. Stat. 77.25 as long as only nominal or no consideration is paid in exchange. Even if the transfer or removal of an interest falls under one of these exemptions, the transfer tax return form should be submitted in order to identify and document the exemption.

Further information about quitclaim and other real estate deeds is available at Deeds.com.

This article information was provided by Deeds.com. This is not legal advice and you are encouraged to consult legal counsel with any questions.
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I just wanted to drop you a note to express my heartfelt thanks for being there when someone needs you. All too often, the pursuit of wealth and duplicity associated with gaining the inside track to the "All-Mighty Dollar" seems to win over and corrupt even the most honest & upright individuals among us. Thankfully, you are not among them! 

We have known each other for a short 2-3 years but it seems as though we've known each other forever. We are kindred spirits, you & I. We believe in fighting for the oppressed, the put upon, the lied to...the "Little Guy" who for one reason or another cannot or doesn't know how to fight back against the Corporate Giant banking industry in regards to protecting their homes from, oftimes, illegal "landgrab" foreclosures. It was through our dedication to fight for them that we have not only become business acquaintances but good friends.

Friendship in both personal as well as professional relationships requires a commitment to truth, honesty, respect and a dedication to others as well as oneself. You have outdone and outlasted many of the so-called "professionals" I have known in both my personal and professional lives. I can't count the times that I've called you with a question that I had that we didn't go into a long discussion & "learning exercise" that has expanded my expertise & ability to help homeowners to fight back against unscrupulous and underhanded banks. You've always been available, open and honest in your counsel, yet compassionate and understanding to the plight of the homeowner. For these qualities in you, I'm truly thankful.

In closing, let anyone who may question your ethics, who may doubt your honesty or think otherwise of your dedication contact me, personally. For all that you've done for me & everyone whose lives you've touched you are owed a huge debt of gratitude. If there is EVER anything that I may do to help you or your cause, PLEASE don' hesitate to call me!!

Sincerely
Randy Dant

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I would highly recommend the MIRS Service to family and friends. In fact - I have already done so. Janet was not only competent, extremely knowledgeable and factual, but she has always followed up on commitments she made to me. After the COTA was complete, she was also able to refer me to an attorney, Dale Wiley who was successful in stopping the foreclosure process on my home. The whole process was a pleasant one. The end result was what I had expected, no surprises- which was such a relief in such a stressful time. Thank you for providing such a valuable service to the average homeowners who would otherwise not have a clue about how to stop their foreclosure!

Sincerely
Gordon and Jeannie Merritt, WA

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What is a Preliminary Title Report?

A title is a legal document listing the history of ownership of a home. After the buyer and seller have reached mutual acceptance, an attorney or title company will pull title on the subject property and review it for any problems that might prevent the home from being legally sold. The results are written up in a preliminary title report.

Review the Title Report – Lesson 1

Throughout the years we have learned that having a Preliminary Title Report pulled and reviewed by escrow is not the most efficient method as many times it will not get reviewed till too late in the game and eventually something will slip through the cracks... For the entire article click here

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Florida Short Sale Listings

I am still amazed at the number of REALTORS® that continue to list short sales and either attempt to process the short sale themselves and/or turn the file over to a third party title company. In many of these instances I have noticed the title company charging “short-sale processing fees” at closing in direct violation of the law. In fact, such a charge may be considered a felony as it violates Florida Chapter 494.

 

Federal and Florida laws involving short sales and their processing have continued to evolve over the past 2 years. Attorneys are now a most necessary and intricate player in the short sale process.

 

Florida Sellers be aware that it is unlawful for anyone other than a Florida admitted attorney to charge a fee in order to process a short sale. Real estate professionals and/or title companies are NOT permitted to charge any additional fees relating to the short sale and/or its’ processing. Only standard commissions and/or fees are deemed permitted.

 

Many title companies are attorney owned. However, such ownership does not make it lawful for that title company to charge a short sale processing fee. Title companies do not provide legal representation. Most typically, the title company’s attorney owner also does not provide legal representation to either the Seller or Buyer; their representation is typically considered transactional.

 

In the typical short sale all Sellers should consult with a competent attorney familiar with the short sale process and possible long term financial consequences. The short sale negotiations with the lender(s) should be handled exclusively by the attorney providing the Seller with legal representation. Such representation will typically be detailed in a representation agreement between the Seller and their attorney.

 

Our company routinely requires any and all short sale Sellers to consult with an attorney. Typically, we introduce the Sellers with a specific attorney that processes almost 100% of our short sale listings. This attorney has extensive short sale experience along with substantial real estate, litigation and bankruptcy experience. This provides for the best combination of professionalism and compliance with the law. Furthermore, our short sales are processed much more efficiently and to the benefit of all concerned parties.

 

I am not an attorney and this blog is not intended to provide legal advice. Quite to the contrary, my advice as a real estate professional and recognized expert is that all Short Sale Sellers should engage the services of an attorney to process their short sale negotiations. Do not reply on the REALTOR® and/or a title company to provide such important legal representation.

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