Hello everyone, This situation just came up in my family. Family member A lives in Missouri and owns an income property here in Indiana. "A" has not been paying Indiana property taxes and received a letter that it will go to judgment. "A" does not want to try and pay the taxes and told family member B that if they want to pay the delinquency that family member "A" will quit claim the property to them.
Here is my question: Can this be done across state lines without "A" and "B" both physically being in the same room before a notary? Family member "B" is ready to drive to Missouri to sign the quit claim but if there is a way they could do this without making the trip it would of course be better.
Yes, it could be done, but suggest you have a title company who knows what they're doing, in charge. Since the property is in Indiana, use an Indiana title company. Due to the fact there's past due taxes, going to judgement, suggest you may need an attorney.
My mother in law in New York, who's disabled, and her son jointly owned a property in San Francisco, and she transferred her interest to her son. She cannot travel. They used a title company in San Francisco, who prepared all the necessary paperwork, transmit it to New York electronically, and the title company had a notary come to our house in New York, had her sign the necessary documents, notarize it, and the notary representing the title company, then took the documents, sent the documents back to San Francisco. There's half a dozen forms involved.
Try to get a warranty deed, if possible, "in lieu of $10 and other good and valuable consideration" (your willingness to assume the tax debt).
Think of a Quit Claim deed as a "break" in the chain of title. It says, "if I have any interest in the property, I give it to you". That's all. It does NOT say, "I have an interest in this property and I gave what I have to you"; that's a warranty deed. I could give you the Brooklyn Bridge, but the QCD wouldn't be worth the paper its written on.
You didn't say if there is anything owed on the property other than taxes, of course. That's another discussion.
Thanks for the replies, I obviously don't use quit claims so I was unsure and did not want to assume. As of right now they still want to make the drive, I was just trying to bring a easier solution.
@James Whitney Cash closings can be done via email in the state of Indiana. Send me a PM and I can offer some alternatives.
In order to clean up any title issues, consider buying the tax certificate from the tax buyer and getting a tax deed rather than dealing with deeds, warranty or quit claim (perfectly fine to convey interests in property just without any warranties) and then redeeming the tax sale.