Q: I quit claimed a property from my LLC to my partnership LLC but did not record it. Is it legal?
I need to refi the partnership property but can't due to lien on the LLC still shown on county records as owner. My attorney says since I didn't record quut claim its not legal but everything I read says it is. Is it?
A: The execution (signing/notarizing) of a deed legally effectuates the transfer, and the recording of the deed is to put the world on notice of the transfer. When it comes to liens, the order of recording can determine the priority of the liens. Ask your attorney to fully explain to you, and or show you, the law that supports his opinion, and if you're not sure about that opinion, schedule a consultation with another attorney to obtain a second opinion. This is not the type of inquiry that can result in reliable advice on-line, as an attorney must examine the documents and the facts.
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