Do you need a lawyer to transfer a title?

Most often, the quitclaim process involves a transfer from one loved one to another, to add (or subtract) a co-owner, or from an individual to an LLC or other entity. Finding forms online is easy enough.

But, there are many technicalities that, if not followed, can cause headaches down the road. As the following scenario illustrates, just because you have a deed does not necessarily mean that you own the property.

This scenario is based on a 2019 lawsuit. These were not our clients. But if they were, I am certain they could have easily avoided this mess.

Phillip, the grantor, thought he transferred ownership of his property to his son Grant and his wife Carrie, the grantees. The deed was signed, notarized, and recorded with the county, enabling Grant and Carrie to mortgage the property. But Phillip made one mistake, which Grant, Carrie, and the lender would discover much later.

The mistake was that Phillip forgot (or didn't realize) that a Land Trust was the actual owner of record, not Phillip. He did not have the right to transfer ownership of the property. Years earlier, he put the property into that Land Trust, retaining what's known as a beneficial ownership interest only. The mistake was not directing the Land Trust to transfer title to Grant. Instead, he did it himself. Probably saved a couple of bucks by not hiring an attorney.

All of which meant that Phillip's deed was invalid. Grant and Carrie never were rightful owners... and the lender's mortgage was invalid.

Had any of the involved (including the lender) searched the County land records, this discrepancy should have been obvious.

We work hard to transfer property, not headaches. We insist on a title search before participating in land transfers to avoid issues like this (and more).

Need to transfer your property title to someone else? Schedule a call with me (Mike Wasserman) or John Aylesworth, our lead attorney. We'll be happy to help you get it right the first time.