Removing Name from Deed

[blizzard]

I sent member administration a long detailed email with questions about changing my DVC deed. I need to remove one person, and change my own name. I received a generic response that indicates that I must follow all steps for title transfer, including ROFR. (I assume that ROFR would be rubber stamped)

Anyway, it seems that this process is a little more complicated than I thought, and that DVC is not interested or willing to be involved (except for ROFR). So my question is:

What is the absolute simplest way to go through this process?

I am assuming that the easiest might be to hire a FL lawyer who can do the paperwork. Does anyone have any recommendations for someone who is cheap, but will do the paperwork properly?

TIA

 

[Amy5000]

You might want to call one of the title company's that handle disney. They will do the title transfer documents for you. You can try Timeshare Titles and More.

But they don't do the "contract" that you submit for ROFR. If you want to do that without a lawyer, you could prepare a letter stating "ROFR" in the re, describe the circumstances of your "transfer" and submit it with (I assume) your divorce decree or settlement and name change forms.

Good luck.

 

[Chuck S]

If there is a loan outstanding against the deed, then the name can not be removed until it is paid off.

Assuming it is paid, then you can draw up a quit claim deed, submit the transaction for ROFR (yes, it is generally a rubber stamp in these types of cases) and file everything with Orange County, unless you own at VB or HH.

Personally, I think it would be great for DVC to offer some sort of do it yourself transfer kit, but I can understand why they don't...they may then be accused of "practicing law" or some such nonsense, in our sue happy society.

If you really want to do it the easy way, I think you are right, contact a FL attorney...or maybe Tom at the Timeshare Store could recommend a closing/title company that provides this type of service.

 

[blizzard]

Thanks for the help guys.

I have just recently paid off the outstanding loan amount, which is why I am now working on changing the names. The circumstances actually changed several years ago.

They did include a "sample" ROFR letter in the package from DVC, which they say you can use as a reference (but not copy word for word). One of my questions for DVC (that was not answered in their generic letter) was regarding whether I need my ex-husband's signature on the documents. I have a signed agreement which gives me ownership of DVC, and which is then referenced on the divorce decree, but I'm not sure if this is sufficient. If necessary, I would probably be able to track him down, but since I haven't talked to him for 7 years, he may have moved. I guess a lawyer or title company would probably be able to let me know if this was sufficient.

So, title company recommendations would be in order. I obviously don't need any title insurance, so would prefer this not be bundled in the price. I only need the paperwork filed with the county for the deed change, and a consult on what other paperwork is required. (I can write the ROFR myself, but would appreciate an opinion on whether I need 2 signatures)

PS, One question I had on ROFR - If I indicate on the request that there is no money exchanging hands to change the title, DVC can't come in and scoop the contract for free, can they? I realize that this would create much bad publicity, but legally could they do this? Since they hold the rights to transfer the title to themselves under the exact same conditions listed, wouldn't they then be able to take it for free!

 

[Chuck S]

I'd simply indicate on the ROFR request that it is due to divorce, and that in the decree the DVC is your sole property. The ROFR really shouldn't be a problem at all.

 

[Amy5000]

Thanks for the help guys.

I have just recently paid off the outstanding loan amount, which is why I am now working on changing the names. The circumstances actually changed several years ago.

They did include a "sample" ROFR letter in the package from DVC, which they say you can use as a reference (but not copy word for word). One of my questions for DVC (that was not answered in their generic letter) was regarding whether I need my ex-husband's signature on the documents. I have a signed agreement which gives me ownership of DVC, and which is then referenced on the divorce decree, but I'm not sure if this is sufficient. If necessary, I would probably be able to track him down, but since I haven't talked to him for 7 years, he may have moved. I guess a lawyer or title company would probably be able to let me know if this was sufficient.

So, title company recommendations would be in order. I obviously don't need any title insurance, so would prefer this not be bundled in the price. I only need the paperwork filed with the county for the deed change, and a consult on what other paperwork is required. (I can write the ROFR myself, but would appreciate an opinion on whether I need 2 signatures)

PS, One question I had on ROFR - If I indicate on the request that there is no money exchanging hands to change the title, DVC can't come in and scoop the contract for free, can they? I realize that this would create much bad publicity, but legally could they do this? Since they hold the rights to transfer the title to themselves under the exact same conditions listed, wouldn't they then be able to take it for free!

I really question whether you got points for free....I'm sure you paid plenty in your settlement.

As for the 2 signatures....I would call a title company and talk to them about it, but I think that almost everyone in the business will tell you that it's much cleaner if you find your ex and get him to sign a quit claim deed.

I suppose in theory you could file the quit claim along with your settlement papers reflecting your ownership of your ex's share...but, if you want to sell your pts., a title company will probably not be happy with transfer and might refuse to write a policy for your buyer. (Reasons they won't be happy, they have a Canadian divorce settlement, they have to read the whole thing and how do they know it wasn't appealled or overturned, and that there's no existing litigation regarding this matter).

I think the Title cos doing DVC resales have pretty slim margins and are probably not interested in doing any extra work to figure this all out.

Another reason the call to a Title Company is in order.

Good luck. Amy

 

[TheRustyScupper]

. . . whether I need my ex-husband's signature on the documents . . .

1) Yes
. . . title people need permission to remove a person from a deed
. . . in the absence of other documents, the other person must duly sign

2) No
. . . if there is a divorce decree stating the transfer of tittle
. . . if there is a quit-claim deed duly signed and witnessed
. . . if there is a certificate, in the event of death

 

[blizzard]

I think to make things cleaner and easier, I will just persue a quit claim document. It may take a little bit, but I'm sure I can track him down. His brother is a Dr., so I know I can find the brother. I will just send the brother an email and see if he can give me an address to send the documents. I don't forsee any problems with getting them signed, especially if I include a self addressed stamped envelope.

Does anyone have any more recommendations for title companies? If you have an idea of price, that would be great too.

One other concern I have is my vacation that is booked for January. Since it is only an adjustment to the deed, not a new member, if I include requests and reminders in my Disney paperwork to please NOT cancel what's booked, will they try to make sure it doesn't get cancelled? If they are going to cancel on me, I either will work to make sure this happens quickly, or I will wait until after my next vacation. Any experiences with this?

 

[Dean]

I think to make things cleaner and easier, I will just persue a quit claim document. It may take a little bit, but I'm sure I can track him down. His brother is a Dr., so I know I can find the brother. I will just send the brother an email and see if he can give me an address to send the documents. I don't forsee any problems with getting them signed, especially if I include a self addressed stamped envelope.

Does anyone have any more recommendations for title companies? If you have an idea of price, that would be great too.

One other concern I have is my vacation that is booked for January. Since it is only an adjustment to the deed, not a new member, if I include requests and reminders in my Disney paperwork to please NOT cancel what's booked, will they try to make sure it doesn't get cancelled? If they are going to cancel on me, I either will work to make sure this happens quickly, or I will wait until after my next vacation. Any experiences with this?

I don't think you'll be able to get a title or closing company to work with a quit claim deed in this situation plus they will charge you the same in all likelihood as a warranty deed. You should be able to get the deed done for $100 or so and recording should cost no more than $50 if you do it yourself. You can likely get the entire thing done for $300 or so if you want someone else to do it all but you still might have to get the ROFR done yourself. Personally I'd take the old deed for the description and do a new deed yourself. Not difficult to do and you can get additional help and info using Timesharing Todays kit if you need it or with forms specific for FL from various legal sources and from Office Depot or the like. You can do the recording yourself as well, not difficult.

 

[lisah0711]

You might want to rethink whether you want title insurance or not. Your ex might owe taxes or have a judgment against him that could follow the title if you have a quitclaim deed. A warranty deed would be a little better but the warranty is only as good as the grantor -- your ex -- without title insurance. Will you have a problem? Maybe not, but you do have a considerable investment to protect, especially since it was recently paid off.

 

[blizzard]

I don't think you'll be able to get a title or closing company to work with a quit claim deed in this situation plus they will charge you the same in all likelihood as a warranty deed. You should be able to get the deed done for $100 or so and recording should cost no more than $50 if you do it yourself. You can likely get the entire thing done for $300 or so if you want someone else to do it all but you still might have to get the ROFR done yourself. Personally I'd take the old deed for the description and do a new deed yourself. Not difficult to do and you can get additional help and info using Timesharing Todays kit if you need it or with forms specific for FL from various legal sources and from Office Depot or the like. You can do the recording yourself as well, not difficult.

Hi Dean,

Thanks for the info. My big concern is that I will not be in FL until my next vacation. Is all of this doable by mail?

I assume the Timesharing Today kit you are talking about is their "resale kit" available on their website? Would this kit provide me with all the forms I need to make the changes? (You also mentioned some specific FL forms, but would these be downloadable from the local government, or at least obtainable by mail?)

I'm not afraid to do all the paperwork myself, and I'm not in a big rush, but I also don't want to go out and start spending money on forms and procecedures that I don't need to. Are you aware of any good reference for exactly what needs to be done? (or maybe a call to the courthouse would be a good place if I get someone who is willing to talk to me?)

[I kind of thought this would be a simple process, but I guess like everything else involving property/legal system it is never as easy as it looks]

 

[Dean]

Hi Dean,

Thanks for the info. My big concern is that I will not be in FL until my next vacation. Is all of this doable by mail?

I assume the Timesharing Today kit you are talking about is their "resale kit" available on their website? Would this kit provide me with all the forms I need to make the changes? (You also mentioned some specific FL forms, but would these be downloadable from the local government, or at least obtainable by mail?)

I'm not afraid to do all the paperwork myself, and I'm not in a big rush, but I also don't want to go out and start spending money on forms and procecedures that I don't need to. Are you aware of any good reference for exactly what needs to be done? (or maybe a call to the courthouse would be a good place if I get someone who is willing to talk to me?)

[I kind of thought this would be a simple process, but I guess like everything else involving property/legal system it is never as easy as it looks]

I haven't seen TST forms so can't say more. I have seen DVC's deeds when they repurchase and they are VERY simple. If you want to email me I will give you the correct information so you can search for that deed and see for yourself.

You can do it by mail. The orange county website has the info online how to do this plus you can email them for further directions. You could easily get out for less than $50 if you wanted.