Q: Am I required to sign a new quitclaim deed due to title cloud after selling property?
In January 2023, I sold a property and signed a quitclaim deed over to the buyer, which was recorded in February 2023. Recently, the buyer's attorney claimed I need to sign a new quitclaim deed as heir of my mother's estate pursuant to A.R.S. 12-1103(B). There was no estate, recorded will, or probate because we held joint tenancy with the right of survivorship. The attorney argues there's a cloud on the title affecting the current sale. Am I really required to sign this new quitclaim deed within 20 days?
A: Presumably your January 2023 sale was handled by a title company and the buyer obtained a policy of title insurance guaranteeing that he was getting clear title to the home. More information is needed to determine what cloud, if any, exists. If there is a cloud, the buyer's title insurer should handle the problem. I recommend consulting with a real estate attorney. Your attorney can investigate and advise you as to what your responsibility might be. I would sign nothing unless your own lawyer approves it.
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A:
No, you are not required to sign a new quitclaim deed under the circumstances you’ve described. Since you and your mother held the property in joint tenancy with the right of survivorship, the property automatically passed to you upon her death, bypassing the need for probate, a will, or estate proceedings. In this case, your interest in the property is already clear, and there should be no need for further documentation to clarify your ownership.
The buyer’s attorney may be confused by the legal concept of a "cloud on title," which generally refers to any unresolved claims or disputes that could affect the transfer of property. However, in this case, because the property was passed to you through joint tenancy, there should be no cloud on the title related to your mother’s estate. The title is already clear since you properly inherited the property without the need for probate.
The claim that you need to sign a new quitclaim deed as an heir is not supported by the facts you’ve provided. Your sale of the property and the recording of the quitclaim deed in 2023 should have resolved any title issues related to ownership. If the buyer’s attorney insists on further action, it may be worth consulting with a legal professional to address their concerns and clarify the situation.
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