Mark is preparing to execute a quitclaim deed for property in Rochester. All of the following statements about quitclaim deeds in New York are correct EXCEPT:
Correct Answer
C) A quitclaim deed cannot be used to transfer property that is encumbered by a mortgage
This statement is incorrect. A quitclaim deed CAN be used to transfer property that is encumbered by a mortgage. The deed will transfer whatever interest the grantor has, subject to the existing mortgage. The mortgage remains a lien on the property, but the deed transfer is still valid.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The chain of title is the sequential history of all transfers of ownership for a specific property, from the original source (typically a government patent or grant) to the present owner. An unbroken chain is essential for marketable title.
The closing process, also called settlement, is the final step in a real estate transaction where documents are signed, funds are disbursed, and title is officially transferred from the seller to the buyer.
Constructive notice is the legal presumption that a person has knowledge of information that is available through public records or visible inspection of the property, regardless of whether they actually knew about it.
More Property Ownership Transfer Questions
Michael Torres is purchasing a property in Westchester County, NY, that was previously owned by a corporation that has since been dissolved. His attorney recommends title insurance due to potential corporate dissolution issues. What type of title problem is the attorney most concerned about?
Michael owns a condominium unit in Brooklyn and wants to sell it to his nephew for below market value. The condominium board objects to the sale. Under New York condominium law, what authority does the board have regarding this transaction?
In New York, what is the primary difference between an owner's title insurance policy and a lender's title insurance policy?
In New York, what type of property interest does a cooperative apartment represent?
A cooperative corporation in New York has various ongoing responsibilities to its shareholders. All of the following are typical responsibilities of a co-op corporation EXCEPT:
- → David's condominium unit in Albany suffers water damage from a burst pipe in the common area. Under typical New York condominium arrangements, who is responsible for repairs to David's unit interior?
- → Under New York's recording system, what happens when two deeds for the same property are recorded on the same day?
- → Lisa owns a condominium unit and wants to rent it to tenants. The condominium bylaws contain restrictions on rentals. Under New York law, what is the general rule regarding an owner's right to rent their condominium unit?
- → Sarah purchases a condominium unit in Manhattan. As a New York condominium owner, what type of property interest does she hold in the unit itself?
- → Sarah purchased a home in Albany and received her deed on March 15th. She recorded the deed with the county clerk on April 2nd. Under New York recording law, when did Sarah's ownership become effective against third parties?
- → Mark owns a penthouse condominium unit in Manhattan that includes exclusive use of the rooftop terrace. He wants to install a hot tub on the terrace. The terrace is designated as a limited common element in the declaration. What approval does Mark need under New York law?
- → Under New York recording law, all of the following documents must be recorded to provide constructive notice to third parties EXCEPT:
- → Linda is purchasing a resale condominium unit in Yonkers. During the transaction, she discovers the seller owes three months of unpaid common charges. Under New York law, who is typically responsible for these unpaid charges at closing?
- → Jennifer Adams purchased a historic brownstone in Brooklyn, NY, with title insurance. One year later, the city claims a portion of her property for a street widening project that was authorized by a resolution passed two years before her purchase, but not recorded in the public records until after her purchase. The taking reduces her property value by $75,000. What is the most likely outcome regarding her title insurance coverage?
- → Robert is purchasing a condominium unit in Rochester. What type of deed will he receive at closing?
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Previous Question
Angela owns property in Nassau County that she purchased with a full covenant and warranty deed. She discovers that the property has an outstanding judgment lien from 8 years ago that was properly recorded but not disclosed at her closing. The judgment was against a previous owner in the chain of title, not Angela's immediate grantor. What is Angela's best legal recourse under New York law?
Next Question
Carol wants to deed her property in Westchester County to her three children: David (40% interest), Ellen (35% interest), and Frank (25% interest) as tenants in common. How should the deed be written to accomplish this goal?