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Rhonda
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 Posted: Mon Apr 09, 2007 8:17 am Post subject: Betrayal |
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| My mother passed in 2002. My brother and his wife have lived in my mother home for over 20 years. My mother was paying the mortgage until her death in 2002. I recently found out that my sister in law filed a Quit Claim deed in 2004. She had the dates on the form dated in 2001 but she didn't file it until 2004.She failed to make the mortgage payments around 2004 and the house was going into foreclosure.My father (whose name the house is in) paid the mortgage. However, she has filed this deed with the clerk of courts and it has that my mother sold her the house for $1.00. Is this Quit claim deed legal? It was filed after my mother passed and based on the separation order between my mother and father, the house was never in my mother's name. Can my father file a Quit Claim deed and put it in my name? |
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shear
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| Posted: Mon Apr 09, 2007 10:52 am Post subject: |
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Hi Rhonda,
| Quote: | | My father (whose name the house is in) paid the mortgage. |
If the house was in your father's name as you are saying then your mother did not have the right to quit claim it.
Your mother cannot sell the house for $1 to your sister in law as she was not the owner of the house. |
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 miller_st
Joined: 17 Jan 2007
Posts: 917
168.84 Dollars($)
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| Posted: Mon Apr 09, 2007 11:00 am Post subject: |
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| Quote: | | It was filed after my mother passed and based on the separation order between my mother and father, the house was never in my mother's name. |
I agree with shear, your mother cannot transfer property title to anyone if she does not have ownership rights over it. As per the separation order also house was in your father's name so only he can give it to someone else and not your mother.
Your father can quit claim it to you but it would be more suitable that you consult an attorney and tell the whole issue to him. In my opinion he will also agree that your father still holds legal rights over the house and would be able to quit claim it to you.
Miller |
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Mortensen
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| Posted: Mon Apr 09, 2007 3:02 pm Post subject: |
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Only the person who holds clear title to property can transfer ownership to someone else. As you are saying that only your father owned the house, the right to transfer ownership is with him only.
Your father can make a quit claim deed if he wishes to and transfer the home in your name. |
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jameshogg
Joined: 20 Dec 2005
Posts: 1526
Location: nevada
213.50 Dollars($)
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| Posted: Tue Apr 10, 2007 5:28 am Post subject: RE: quit claim legal or illegal? |
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Hi Rhonda,
The property does not belong to your sister or your mother. So, there's no question of your mother transferring it to your sister. Moreover, as per the separation order, your father is the real owner of the property.
Now, there is a possibility that your father may have quit claimed his share of interest to your sister and added her name to the title. May be you are not aware of it.
However, the deed says that your mother has sold the property to your sister at $1.00. Anyway, I think your father should at once have an attorney review a copy of the quit claim deed. It is better to take the suggestion of a legal professional as far as your situation is concerned.
Thanks,
James. |
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colin
Moderator
Joined: 30 Jun 2006
Posts: 602
Location: Waltham, Massachusetts
112.62 Dollars($)
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| Posted: Wed Apr 11, 2007 2:57 pm Post subject: |
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Rhonda, if you check the property records you will find that property is still in your father's name. Your sister in law may have said that they have filed the deed with the county but it will not be accepted as when the verification will be done that the grantor is the actual owner of property or not, it will become known that your mother does not own the home. And the deed will be rejected.
And it is a question whether she actually went to get it filed or not, may be just a lie.
Colin |
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