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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