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quitclaim deed

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becky1 Guest	Posted: Fri Sep 24, 2010 7:14 am    Post subject: quitclaim deed Like 0 Dislike 0 My father signed a quitclaim deed, deeding his property to he and I as joint tenants with right of survivorship it was signed, dated and notarized. QCD was not to be filed until date of his death. One month prior to his death another brother talked him into signing over property it was signed notarized and recorded. Upon my fathers death I filed original QCD. I thought that because my brother filed first property was lost to him. However upon speaking to the title office at County Assesor they advised because I filed the QCD and it was signed and notarized prior to the other QCD that when my father signed the second QCD he only had rights to give up his half as he had already given up rights to the other half of property to me. So now my brother and I are 50/50 0n property. The title officer said that in California they acknowledge signature, date and the fact that it was notarized on that date. Is this correct. _________________ Need help choosing the right loan? Get free consultation from community lenders/consultant
dipaligopale Joined: 25 May 2010 Posts: 790 22.70 Dollars($)	Posted: Fri Sep 24, 2010 8:10 am    Post subject: Like 0 Dislike 0 Hi becky1, Welcome to mortgage fit, As both of the deeds are recorded and notarized, both are valid until there is a clause in second deed (your brother's ) that all the previous deeds are void with this deed.If something like this is mentioned in your brother's deed then you may loose your share. Ask your brother to share a copy of the deed in front of jury.If there is no mention of such thing then you may get a 50 % share of the whole property as explained by county assessor. Feel free to ask any further query if you have......... DIPA _________________ 1.The best of intentions must still have directions !--Unknown author 2.When I hear somebody sigh, "Life is hard," I am always tempted to ask, "Compared to what?" - Sydney J. Harris
becky1 Guest	Posted: Mon Sep 27, 2010 6:45 am    Post subject: quitclaim deed Like 0 Dislike 0 I received a certified copy of the deed, there is no clause. So do does my husband proceed as 50% owner of property. Is itup to his brother to go to court and prove otherwise.
dipaligopale Joined: 25 May 2010 Posts: 790 22.70 Dollars($)	Posted: Mon Sep 27, 2010 7:03 am    Post subject: Like 0 Dislike 0 Hi becky1 Welcome to mortgage fit, It is true that your husband owns 50 % stake in the house.So you can proceed with selling the property and let your husband's brother go to the court and wait for justice.... Feel free to ask any further query if you have........ DIPA _________________ 1.The best of intentions must still have directions !--Unknown author 2.When I hear somebody sigh, "Life is hard," I am always tempted to ask, "Compared to what?" - Sydney J. Harris
Becky1 Guest	Posted: Mon Sep 27, 2010 9:24 am    Post subject: QC Deed Like 0 Dislike 0 Thank you for your quick response. I have no intention of selling just needed to clarify ownership has no idea the way QCD's worked and hope one day to enjoy property. Thanks again.

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