Joint Tenancy, an Unrecorded Quitclaim, and Two Old Liens
Harold and Martha Jensen took title in 1998 as 'husband and wife, as joint tenants.' Harold died in 2015; Martha died in 2024. Their son Dale holds a 2019 quitclaim deed from Martha conveying 'all my interest' in the home to Dale, signed and notarized for estate-planning purposes but never recorded. Daughter Kim has Martha's 2024 will leaving the residence to Kim and has told the title company she is the owner. The title commitment also shows (a) a 2005 deed of trust to a lender that failed in 2011 and was never reconveyed, and (b) a 2010 recorded judgment against Dale. The buyer's lender requires an owner's and lender's policy and a general warranty deed; closing is scheduled in 12 days.
1. Who owns the property, and what must be recorded to clear the chain of title?
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Title analysis.
- Harold and Martha held as joint tenants with right of survivorship. Harold's 2015 death did not pass his share through probate - it vested the whole fee in Martha by operation of law.
- Martha's 2019 quitclaim was delivered during her life, so it conveyed her entire interest to Dale at that moment. A will speaks only at death, and Martha owned nothing at death to leave Kim. A will cannot revoke a deed already delivered.
- Dale is the sole owner. The unrecorded deed is valid among Martha, Dale, and their heirs, but a later purchaser for value without notice could cut it off; recording is how Dale protects himself.
To clear the chain: record the 2019 quitclaim with its full legal description, both death certificates with affidavits of survivorship, and a correction/supplemental affidavit if the marital status or description needs explanation. Kim receives a copy and an explanation, not a deed.
2. How should the 2005 deed of trust and the 2010 judgment against Dale be handled?
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The 2005 deed of trust is still a lien. A failed lender does not extinguish its own security instrument, and the buyer's lender will not fund with it open. Work the chain: the successor servicer, a successor trustee, a payoff demand, a lost-note affidavit with a release, or - if nobody can act - a quiet title action or a title company's bond/indemnity arrangement. Do not simply record a 'release' signed by an entity with no authority.
The 2010 judgment against Dale was recorded in the county and is a lien on his real property there. Because Dale actually owned the property (the 2019 deed was valid even unrecorded), the judgment encumbers the very interest being sold, and title will require a payoff, a release, or a court determination. Verify the docket, the amount, and whether the lien has lapsed or been renewed - judgment liens run for a limited term and can be revived. Then negotiate payoff or partial release, or obtain a stipulation if the judgment is defective. Both items must be resolved in writing before closing; a title company 'exception' will not satisfy the buyer's lender.
3. What deed should Dale give, and what closing practicalities must be addressed?
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Deed choice. Dale's own grantor was a quitclaim, and he has no knowledge of the 1998 and earlier chain. A general warranty deed would make him promise to defend the buyer against claims that arose before he ever owned the property. The realistic outcome is a special warranty deed - warranting only against encumbrances created by, through, or under Dale - paired with an owner's policy, which is the buyer's real protection. If the buyer insists on a general warranty, expect a price or repair credit for the added risk, or a refusal.
Closing realities in 12 days. Death certificates, survivorship affidavits, a never-recorded 2019 deed, a defunct lender, and a judgment lien will not clear that fast on a purchase loan. Amend the REPC in writing to extend the closing date and the financing/appraisal contingency; get the commitment reissued with the exceptions identified; order a GAP endorsement. Do not let the buyer waive the financing contingency just to 'save' the date.