Legal Question in Real Estate Law in New York

Hi, I would like to know if a quit claim deed is legal? When I purchased my house 4 yrs ago, I was given a quit claim at closing. I filed this quit claim deed at the county clerk's office here in my town, and had to pay a fee. a few days later I received the same quit claim deed with the clerk's stamp on it in the mail. I called the clerk's office and wanted to know where my deed was not the quit claim deed and I was told that it was send to my attorney. I called my attorney that handled the closing and he told me that he did not have the deed and that it would of been sent to me by the clerk's office and not him. It has been 4 yrs now and I still have no deed except the same quit claim deed that I took to the county clerk's office to have filed. I hear from some of my friends that they have a deed to their house not a quit claim deed and they never heard of this kind of deed. The property was purchased by me only. I am the only name on the deed. It was not purchased from a divorced couple either. My question is: How do I get a regular deed for my house and not a quit claim deed?


Asked on 6/11/10, 4:15 pm

1 Answer from Attorneys

A quit claim deed is legal. It simply means that the person you purchased the property from is giving you all the rights they have in the property. Therefore, if they do not have any rights you acquire none as well.

However, if there was some kind of fraud and that is how you ended up with a quit claim deed that is a different problem. You can try to sue based upon fraud.

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Answered on 6/14/10, 5:31 pm


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