Miami, FL asked in Real Estate Law and Probate for Florida

Q: Hello :in June 2014, my mother gave me a house in Miami Dade county using a quit claim deed. I registered this quit

I registered the quit claim deed with Miami court.

In Sep 2017 my mother died. Now I am in the process of selling this second home. The title company hired by the buyers is rejecting this claim deed because they say it does not say that I am a married woman and also it does not have the word "acknowledge".

Please tell me what can I do to solve this problem.

Thank you

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1 Lawyer Answer
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Probate Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: I am sorry for your loss and the troubles that have followed. A proper deed must contain the marital status of the Grantor (ie, your Mom), so if there is an objection by the title company, it should be as to the marital status of your Mom and not you. If the deed conveying the property to you contained defects, they must be corrected prior to closing to a new owner. You will need to consult with the title company as to what documents are acceptable to the underwriter. You may be able to sign an Affidavit as to the marital status of your Mom during the time in question, but whatever you sign, it should be approved by the title company because they will ultimately be insuring the transaction. Title companies are only able to draft closing documents, so you may need to consult with an attorney to draft corrective documents in order to proceed to closing. I would schedule a consultation and have an attorney review your Contract, Title Commitment and any documentation provided by the title company in order to proceed with the transaction.

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