| Author |
Message |
|
|
 hon42nee
Joined: 26 Jul 2008
Posts: 1
1.83 Dollars($)
|
 Posted: Sat Jul 26, 2008 12:10 pm Post subject: Quit claim deed, foreclosure on joint heirs w/o will |
|
|
This is really messy so I'll bullet the points:
1) My Grandmother and her daughter purchase a home in 1958
2) Both are deceased without a will
3) There are currently 12 grandchildren
4) After some years of renting the home, the daughter (partner owner) youngest son then allowed one of the grandchildren live in the home with the understanding that they would be responsible for taxes as well as the upkeep of the home - but did not have to pay rent. This was in 1994.
5) In 1996 this grandchild, without the knowledge of any family member, prepared a quit claim deed and made themselve beneficiary to the latest deceased owner that happened to be the daughter.
6) Then that grandchild proceeded to take a mortgage out on the house
7) The home was foreclosed in 2005
It was upon eviction that anyone in the family knew.
Is there any thing that can be done? |
|
| |
|
 |
sweeney
Community Experts
Joined: 20 Jul 2008
Posts: 131
25.07 Dollars($)
|
| Posted: Sun Jul 27, 2008 9:17 pm Post subject: |
|
|
I think it will be completely up to the probate court.
_________________
Mike Sweeney
LionSaves.com - refinance debt
views expressed on this forum are my opinion as a mortgage professional, not legal advice |
|
| |
|
|
Niicss
Joined: 03 Oct 2005
Posts: 1245
Location: New Jersey
186.06 Dollars($)
|
| Posted: Mon Jul 28, 2008 5:33 am Post subject: |
|
|
Welcome hon42nee.
The Grandchild was not the only owner of the property. Then how can he get mortgage against the property. Did he use a quitclaim to get the property on his name and get all the other owner signed the property? I feel you should contact with an attorney. Are you also an owner and willing to get your share of the property? Please let us know about this.
_________________
Good is the Enemy of Great. |
|
| |
|
|
GH
Guest
0.10 Dollars($)
|
| Posted: Mon Jul 28, 2008 6:45 am Post subject: Response to "quit claim, foreclosure |
|
|
| The grandchild secretly executed a quit claim deed nor did they warn any family member that the home was in jeopardy and yes all of the other grandchildren (12 of us) would like to get our share |
|
| |
|
|
Samantha
Community Mentor
Joined: 16 Sep 2005
Posts: 1532
Location: MASSACHUSETTS
135.74 Dollars($)
|
| Posted: Mon Jul 28, 2008 10:26 am Post subject: RE: quitclaim and property issues |
|
|
Well, as much as I understand, if anyone has to do a quitclaim, it must be done in presence of notary public and witnesses. The deed should be signed by the notary public and recorded in the County recorder's office. Were there witnesses and notary public when the deed was signed? Looks like they weren't there. So, I doubt how much the quitclaim was a valid one. Moreover, I'm surprised as to how could the grandchild get a loan when there was no Will on the property and the estate was not even distributed after the owners were deceased.
I shall suggest that you talk to an estate planning attorney asap. He'll be the right person to guide you.
God bless you.
Samantha
_________________
Know how to compare lenders with mortgage booklet |
|
| |
|
|
