Lynn M. Broderick Krystin N. Miller Legal Matters Contact us. Challenging a quitclaim deed The next-door neighbors convinced your aunt to sign over the deed to her house. To do so, you need to be able to prove the document was invalid in some way, that the signer was incompetent or that someone exercised undue influence to compel the person to sign Notarization : In order to be recorded in the register of deeds, a quitclaim deed must have been executed before a notary public.
Our Team Gilbert Vara, Jr. Office Hours Mon. Contact Phone: Fax: Gilbert Vara, Jr. Rated by Super Lawyers loading All Rights Reserved. Should there be any problem with the title for example, a mortgage on the property that was not paid off prior to the sale , the buyer must be reimbursed by the seller for this amount.
A quitclaim deed, in comparison, makes no promises about the grantor's having clear title. A quitclaim deed transfer only transfers the ownership rights the grantor has—with no guarantees. A quitclaim deed is not generally used in a traditional sale of real estate.
It is most commonly used when ownership rights in a property are transferred among family members. In a divorce, a quitclaim deed is a way to transfer ownership in property between divorcing spouses. For example, the spouses owned the marital home together. As part of the property settlement, Spouse A will take ownership of the home.
Spouse B executes a quitclaim deed to transfer all of their interest in the property to Spouse A. For example, Spouse A owned the home before marriage. After marriage, they add Spouse B as an owner by using a quitclaim deed, transferring ownership from themselves to themselves and their spouse.
A quitclaim deed is not needed if there is a mortgage. The mortgage can remain in Spouse A's name. A quitclaim deed is sometimes used to avoid probate court by transferring an interest in real property before someone's death. The property is transferred by deed during their life, instead of being transferred by a will after the grantor's death.
There can be various avenues to challenge a quitclaim deed. A challenger could claim that the grantor didn't actually sign the deed or that it was forged. Once a quitclaim deed has been recorded in the county clerk's office, it becomes more difficult to challenge, since the transfer has already occurred. The person challenging the deed has the burden of proving it was falsified or not legally executed.
If you are facing a quitclaim deed challenge, you should talk to an attorney. Gather any proof you have about the execution of the deed including:. Contents 2 min read. Brette Sember, J. Smith Feb 3, 0.
Facts: The owner of a company claiming to help homeowners avoid foreclosure induces distressed homeowners to quitclaim title to their properties to trusts created by the company. The owner falsely represents that homeowners may make monthly lease payments to the company in lieu of mortgage payments and regain clear title to their property after a period of five years. After numerous homeowners in the program tender payment to the company, the underlying mortgage holders foreclose on their properties.
A trial court convicts the owner on multiple felony counts. Claim: The State of California seeks imprisonment of the owner of the company, claiming among other accusations that the quitclaim deeds signed by the homeowners were false and therefore void since they were signed under false pretenses. Counterclaim: The owner of the company claims the quitclaim deeds were valid since the deeds were not forged and accurately represented properties the homeowners intended to transfer.
Holding: A California appeals court holds the quitclaim deeds were not false since the deeds were not forged as they accurately represented properties the homeowners intended to transfer. Here, the homeowners indisputably owned the properties they quitclaimed to the trusts created by the company owner, and personally executed the quitclaim deeds.
The deeds did not convey any interest in the properties the homeowners did not actually possess. When considered false, a legal instrument like a quitclaim deed is instantly void. However, a quitclaim deed signed under false pretenses, while not void, may be considered voidable.
0コメント