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Can A Real Estate Investor Explain Quit Claim Deeds?

Posted on 8/10/16 at 12:26 pm
Posted by dabigfella
Member since Mar 2016
6687 posts
Posted on 8/10/16 at 12:26 pm
There's a property I found when scrolling through areas looking for investment properties and the property is asking $40,000 and is worth give or take $180k. Obviously there's a catch, I'd like to get some knowledge from anyone whose dealt with these before. I put in a call to my realtor but haven't gotten a call back. The description says

"Owner holds title and possession to the property. There is an outstanding mortgage on the property from the previous owner. Sale "as is" and subject to mortgage, liens, and encumbrances. Perfect for investor. Property will be conveyed via Quit Claim Deed, no warranties."

Is this a run away and dont look back situation? Im interested because I see 2 properties in the same zip code with the same situation.
Posted by Serraneaux
South of 30a
Member since Mar 2014
19662 posts
Posted on 8/10/16 at 12:38 pm to
Color me surprised you don't know something.
Posted by dabigfella
Member since Mar 2016
6687 posts
Posted on 8/10/16 at 12:41 pm to
Im a big guy, with a big brain, but not every last bit of knowledge has been absorbed yet. If you're so thoroughly educated on all matters, please do explain this to me. Im not a realtor by trade, I do own real estate but that doesnt mean I know every intricate detail. From what I grasped from quick googling you're buying the title buy there is still debt attached to the property so its a POS thus a no-go. It sounds like if I buy a pen from you, I get the pen but if there's debt attached to it, I claim that as well? Did I get it right?
Posted by yellowhammer2098
New Orleans, LA
Member since Mar 2013
3850 posts
Posted on 8/10/16 at 12:43 pm to
These are pretty common in REO properties. Basically a bank wants to get rid of a property but they don't know the title history of the property. Typically sold below market because they make no "warranties" (as would be typical in a warranty deed) and there is more risk to the purchaser.

In this case, it sounds like there is a lien on the property from a mortgage entered into by a former owner. I'd guess that means you're responsible for either paying the outstanding mortgage or working it out with the bank. You may also have to get a lawyer to work on getting you "clear title". This is typically a cost associated with tax sales. These properties may have been purchased by a tax sale and never received clear title (and the previous mortgage was never paid off). I'd contact an attorney (definitely not just a realtor) before purchasing anything.
This post was edited on 8/10/16 at 12:45 pm
Posted by dabigfella
Member since Mar 2016
6687 posts
Posted on 8/10/16 at 12:46 pm to
Thanks for the input
Posted by baldona
Florida
Member since Feb 2016
20445 posts
Posted on 8/10/16 at 1:31 pm to
Ha yeah I wouldn't contact a realtor on that. You should be able to do a search for the liens on the property. I'm not sure if it's possible to negotiate with a lien holder before its in your name or not though?
Posted by studentsect
Member since Jan 2004
2259 posts
Posted on 8/10/16 at 3:41 pm to
With a quitclaim deed, the Grantor conveys the Grantee all of the Grantor's interest in the property, if any, with no warranty as to the interest being conveyed.
If the Grantor is the full owner of the property, then a quitclaim would make you the new full owner. If the Grantor owns 1%, you now own 1% and have no recourse.

In this case the Owner probably holds subject to a ~$140K mortgage (based on your description of value vs listing). If you are comfortable with the Owner's title outside of the mortgage and the mortgage is for less than $140K, it could still be a good investment.
This post was edited on 8/10/16 at 3:43 pm
Posted by Twenty 49
Shreveport
Member since Jun 2014
18768 posts
Posted on 8/10/16 at 10:58 pm to
Buying a quitclaim deed is often like buying a lawsuit.

If a real estate lawyer will write you an owners title insurance policy, then it may be okay. If not, nope.
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