If a quitclaim deed to real estate is not properly executed, is it still enforceable?

UPDATED: Jul 29, 2011

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If a quitclaim deed to real estate is not properly executed, is it still enforceable?

I signed over my half of an investment condo in FL to a business partner until a personal legal issue was resolved in AL. I signed the quitclaim deed 12 weeks ago. About a month ago I got the impression that my business partner was not planning to deed my half of the property back to me as he implied. Today I received a call from a bank requesting that I come in to sign a new qit claim deed. A FL title company discovered that the paperwork did not include signatures from 2 uninvolved witnesses. Does this mean the quitclaim deed is defective? Can I challenge it?

Asked on July 29, 2011 Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states for a deed  such as a quitclaim deed to be in a position for recording under statute the signature of the person signing it must be notarized before a notary public to prove the person signing it is whom he or she says they are.

Some states might require that the signature on the quitclaim deed must be witnessed by at least two people not involved with the quitclaim as in your case. Apparently the bank that was going to record your quit claim has found out that it is not in a condition to be recorded and that is why a new quit claim is requested for you to sign.

The quit claim that you signed apparently is invalid. If you think that your business deal is going sour, you need to consult with a real estate attorney. If you do not want to sign a new quit claim deed, you do not have to. If you want to cover yourself further, send a fax or e mail to the bank stating that the quit claim you signed is not to be recorded.

Good luck

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