Denver, CO asked in Consumer Law and Real Estate Law for Colorado

Q: I had a valid quitclaim deed a was properly recorded would that have impact on 4closure if it wasn't acknowledged

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1 Lawyer Answer
Michael Joseph Larranaga
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Answered
  • Parker, CO
  • Licensed in Colorado

A: Based on your statement, probably not. You stated that the deed is valid.

For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if someone might challenge the deed.

For educational purposes, the purpose of the deed is to transfer title to something. A quit claim deed essentially transfers any interest the person may hold in the property to another. Hence, it can convey property yet it can also convey nothing. For real estate transactions, Lawyers and title companies like to see general warranty deeds. These are your higher quality deeds meaning the property has been vetted for ownership. They carry certain protections for the buyer.

If there is an ownership problem, it could affect foreclosure. IE, if you never held the interest but took out a mortgage then it may not attach depending on the facts. But this is a rare situation.

In general, to avoid foreclosure, you would be better off focusing on the debt owed. Read the paperwork the bank provided. They may be required to cease the foreclosure if you pay the balance due. Hence, the straight path forward may provide you with a solution versus trying to work another angle.

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