Thinking Out Loud

"I need one of those Quick Claim Deeds"

 

Perhaps the most misunderstood document in the legal world is the humble quitclaim deed - referred to by many as "quick claim" deeds. Here's a quick tutorial to avoid embarrassment the next time you attend a real estate closing.

Let's start with the most potent deed -- the General Warranty Deed. These are what you find in most real estate transactions. The grantor (seller) warrants good title going all the way back to 1820 or whenever the land came out of the government's hands with a "patent." That warranty is not as scary as it might sound due to title insurance and multiple past transactions involving that parcel where title was scrutinized and blessed.

A Quitclaim Deed is at the opposite end of the spectrum. It warrants nothing. As the law professors say, "I'll give you a Quitclaim Deed to the Grand Canyon." That's because the grantor makes no guarantees whatsoever. So . . . . why have these deeds at all? Actually, quitclaim deeds play a vital role in the real estate world. They're used to confirm that the grantor has no further interest in the parcel. For example, a bank can release a mortgage with a Quitclaim Deed. In a divorce, when one spouse is awarded the home, the other spouse may be required to relinquish his or her interest in the home - typically with a Quitclaim Deed. I can release an easement or cancel a recorded sale contract with a Quitclaim Deed. I'm just saying "Whatever interest I have, if any, is yours, but I make no guarantees that I have any interest at all."

Now if you really want to impress your real estate agent or someone at a cocktail party, casually mention a Special Warranty Deed. These deeds only warrant that the grantor (seller) did not do anything to mess up the title while he was the owner. The grantor is not on the hook for any title defects arising prior to his ownership. Big companies like to convey with Special Warranty Deeds so the potential liability for old unknown defects are not carried on their books forever.

We do lots of real estate at CVDL. Call if we can help with your next purchase or sale. 

Speaker will discuss Recent Challenges to Religious Liberties

UMC Law School professor Josh Hawley will be the guest speaker at a Lunch and Learn at noon on Monday. Hawley was part of the legal team representing Hobby Lobby recently at the U.S. Supreme Court. The decision could be announced any day. Hobby Lobby argued that some mandates within Obamacare are unconstituional under the First Amendment.

The presentation will be at the Cathoilc Chancery 2207 West Main (just behind St. Joseph's Cathedral).

Call me at 573-690-1915 to reserve a seat and a sandwich. 

 

Health Care Decisions -- All Day Monday @ Library

My estate planning clients are always puzzled when, as we conclude our initial visit, I ask, "Now that we have figured out what's going to happen AFTER you die, can we talk a little bit about what's going to happen BEFORE you die?"

Truth is, the before is often more complicated than the after. This Monday from 10 am to 6 pm at Missouri River Regional Library volunteers, including several local attorneys, will provide forms and advice at no charge -- all related to "end of life" decisions. 

It's part of National Healthcare Decisions Day. Amid all this seriousness, the group obviously has a sense of humor. What better day to talk about Death than the day before your Taxes are due ! ! !

U.S. Supreme Court Will Decide GPS/Privacy Issue

This post by David Kravets provides a unique persepctive into a U.S. Supreme Court case argued this week that will decide whether the police can attach a GPS device to your car . . .  without a warrant.

The judges expressed some misgivings.

What are realistic expectations of privacy amid all the technology? If it gets too crazy I will trade my iPhone for a track phone that I replace monthly . . . keep a stash of cash in small denominations . . . just in case I need to go underground.

Peggy says I should stop watching those Bourne videos.

 

My little tribute to Tony LaRussa

A little known fact is that Anthony LaRussa, Jr. received a law degree from Florida State University in 1978. It's not likely that these three years of pressure and indigestion made Tony a better ball player, but I will wager that it helped him become a great manager. 

I've seen fine lawyers when the walls seem to be crashing down around them. It might be in a courtroom or a business negotiation or a political slugfest. They have a rare talent to rise above the immediate pressure, stay focused on the big picture, and move forward strategically. There is a resolve in their eyes and a firmness in their chin.

I saw that look recently in the dugouts in Philadelphia, Milwaukee, Texas and St. Louis.  

He probably would have made a fine lawyer. But he certainly put his education to good use elsewhere -- and the game of baseball is better for it.

 

A Little Lovin' For Lawyers

Ok, I'm biased. But I ran across this little video called  A World Without Lawyers.

It's a nice counterbalance to every lawyer joke we've ever heard. 

 

 

 

 

http://tinyurl.com/6xmovns

8th Circuit Will Sit In Special Session @Mizzou

Attorneys and non-attorneys might like the opportunity to view appellate arguments in front of the U.S. Court of Appeals for the 8th Circuit in a special session at the UMC Law School this Thursday from 10 am to noon. The session will be open to the public. The 8th Circuit takes federal appeals from seven Midwestern states including Missouri. It is just one level below the U.S. Supreme Court. 

Our home grown judge, Hon. Duane Benton, will be on the bench with two other judges. Three "real" cases will be heard. 

Judge Benton is a great lawyer and judge, and also a great guy. A Springfield native and Yale law grad, he was Director of Revenue for a while, and then served on the Missouri Supreme Court before deciding for some reason to enter the federal system where courts have limited jurisdiction. Just kidding.

We coached our sons' baseball team together a decade ago. It was good to have someone there whose legs were even less tanned than mine. He had a great pitching machine, which had something to do with him being routinely nominated to be head coach. I miss him. 

Tough Duty for an Introvert

You might not believe this since I've been into this Mayor Thing for 7.7 years, but I'm a shy fellow. Dairy farm early years. Seminary adolescence. Philosophy degree. Apartment overlooking the bridge. You get the point.

That's why when our law firm redesigned the web page and started some weekly ads about our eight attorneys in the newspaper, I had to man up and take it like an extrovert.

When Tom Vetter and Dale Doerhoff hired me in 1984 it was a wonderful gift -- mentoring me into the world of private practice. Mr. Vetter is shown in the ad along with Dale's daughter Heidi Vollet, and Kari (Propst) Schulte. 

Being surrounded by talented and ethical colleagues makes it easy to walk into 231 Madison every day. For my law partners and the News Tribune, I can pretend to be an extrovert when I have to. 

 

 

Bar Leader Says Lawyers are the Glue in Tough Times

Current Missouri Bar President Tom Burke gave some encouraging words at the 14th annual Solo/Small Firm Conference at Tan-Tar-A this weekend. Almost 1,000 lawyers met for three days with a wide menu of educational programs. Many sessions focused on how to serve clients in today's challenging economy. I co-hosted a session on the recently enacted Home For Homeowners Program. Saturday morning Tom gave me a summary of his keynote address --  like a remote  "Coffee with the Mayor." 

Tyronne Allen on the Third Floor

For thirty four years Tyronne Allen worked at the Supreme Court Library. More noticeable when lawyers and judges read from real books, Tyronne has always greeted nervous young clerks and surly jurists with a smile and helpful spirit. Tuesday Supreme Court judges, local friends and court employees gathered to celebrate his service. Wife Saunda, recently retired from her elemetary teaching carreer was also honored. The event was on the third floor where the judges have their private quarters, one floor up from Tyronne's world. It was a very special few minutes -- a fleeting honor to a great man.

In 1981 I was a green Assistant Attorney General under John Ashcroft, trying just not to make any big mistakes.  Tyronne's second floor was a secure place in a strange new world.