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Why is an affidavit of uninsured Deed of Trust needed to be signed by a couple who quit claimed a property to us?

Temecula, CA |

We are trying to sell a house which we've already pd in full. This house was prev. owned by me, hubby and another couple. After 7 yrs of being the only one maintaining the property, I asked them if they could just quit claim the prop. to us and we will shlder all the mgmt of the prop. and they can prob. reclaim their VA eligibility back. They did and it they were able to buy a property in Wa. using VA again. Today as we're selling the property, the escrow required us to send our partners an Affidavit of Uninsured Deed of Trust to be signed by the couple in front of a Notary. The escrow company said "THIS IS A TITLE REQUIREMENT, WHEN THERE IS NO TITLE INSURANCE, THEY NEED AN AFFIDAVIT SIGNED BY the couple. Can't selling really not go through w/out this? What if one of them has deteriorated

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Attorney answers 2

Best Answer
Posted

They want to make sure that this couple has no interest in the property that will impact the Buyer's clear title. The other alternative is to pay for Title Insurance to protect the Buyer's title.

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Posted

Title Insurance is a private business and like all insurance companies they want to minimize the risk of having to pay out on any claims. Since the previous transfer was without insurance it is inherently more risky for the new title insurance company that there could be some mistake or fraud involved in the previous transfer. That risk is significantluy reduced if the previous owners/partners sign an affidavit verifying that they transferred title to you.

Richard A. Rodgers, Esq.
(805) 230-2525
rar@sd-attorneys.com
www.sdresq.com

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