Reverse quit claim deed - How to do it?

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Icon Mini Profile jmgovine





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Post Posted: Thu Jul 27, 2006 1:56 pm    Post subject: Reverse quit claim deed - How to do it?
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Good afternoon. I live in Toluca lake, Ca and my 85 year old grandmother lives in Orlando, and she has a condo that was just fully repaired from the hurricanes that hit two years ago. The problem is that she is in a HUD housing facility and the sale of the condo would remove her from it. She has, what she considered to be a daughter in Orlando, who has been in her life for the past 30 years. My grandmother and her discussed that she would sign a quit claim deed over to Wanda and after the sale of the property, she would give her some money and leave the rest to me, her only grandchild. Well, you probably can see where this is going, now she is being very nasty to my grandmother and has hung up on her twice. Also, when Wanda wanted my grandmother to switch over her CD from her bank to Wanda's bank, when my grandmother was asked who is the beneficiary my grandmother said, my grandson. Wanda got up and ran out of the office. I work in entertainment and have no expertise in this field whatsoever, but from my vantage point there is not much my grandmother can do. But, she has been making all of the mortgage payments to date and Wanda hasn't paid anything. My grandmother has an appointment with her lawyer in two weeks, and now Wanda won't return her calls. Is there anything that she can do to reverse the deed or something to that effect?
Malvin

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Post Posted: Thu Jul 27, 2006 2:09 pm    Post subject:
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Hi Jmgovine,

I found some information about reverse quit claim; have a look at
http://www.mortgagefit.com/discuss/about2152.html#cancel

Malvin
joicr

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Post Posted: Thu Jul 27, 2006 2:22 pm    Post subject: reverse quit claim/cancel quit claim
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There is another page with good discussion about reverse quit claim,
http://www.mortgagefit.com/quitclaim-deed-10.html
Icon Mini Profile Jessica
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Post Posted: Thu Jul 27, 2006 9:47 pm    Post subject: RE: Reverse quit claim deed
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Hi,

You can reverse quit claim deed only if Wanda is willing to quit claim the property back to your grandmother. But if she is not responding to the calls, then you need to discuss the matter with the lawyer and then take necessary actions.

Regards,

Jessica.
Johnny Coburn

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Post Posted: Wed Aug 29, 2007 9:42 pm    Post subject: quit claim deed valitity
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My brother-in-law recently passed away and in going through his papers there was a hand written signed and notarized quit claim deed giving me his share in 90 acres in Curry County Oregon which he owned jointly with his son who is incarcerated in the state pen. I have had the deed recorded in my county(Grant County New Mexico) and then have also had the deed recorded in Curry County, is this a valid deed and if so what would I do notify the son that the quit claim deed has been filed and see what he wants to do or would I have the legal right to sell my half of the property. The property is free and clear and the taxes have been paid to date.
Icon Mini Profile larry





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Post Posted: Thu Aug 30, 2007 12:26 am    Post subject:
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Hi Johny,

When you have recorded the deed, then it is surely valid.

Though your nephew is holding 50% of the ownership, yet I think there is no need to notify him as you have not acquired his share of the property. You are the owner of the other half of the property share.

After gaining the ownership, you have absolute right to sell half of your part of the property to anyone you like. There are no obligations in it.
Icon Mini Profile evolovik26
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Post Posted: Sat Sep 01, 2007 7:29 pm    Post subject:
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larry wrong again !!
please dont respond to questions you dont know the answers to.

Hi Jmgovine, because the quitclaim deed is legal you are 1/2 owner of the property in question. However you cannot sell it without the second owner agreement just the same as he cannot sell without you.
The property might be big and seems like you can divide it in half and sell it but it is considered as a one undivided whole. You can sell your interest in the property by signing it over to someone else but you cant sell the property.
Its like owning stock - you own interest in part of the company and can sell the stock but you cant go around dismantling the company itself to get the stock value out of it.
Imagine for a second that you sold 50 acres of land and the other coowner found oil on his unsold half. Whould you feel cheated? And how do you split the trees, the grass and pick wich half to sell?

You can agree to subdivide your land in 2 pieces with your coowner and then you can sell your half or you can sell the whole thing and split the profits if coowner agrees.

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Icon Mini Profile colin
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Post Posted: Sat Sep 01, 2007 7:49 pm    Post subject:
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Quote:
The property might be big and seems like you can divide it in half and sell it but it is considered as a one undivided whole. You can sell your interest in the property by signing it over to someone else but you cant sell the property.


Yes, it is like I am co owner of a house with someone and now want out of it. If other co owner agrees then I give him my share and he gives me money for the value of my ownership in the house.

Or for that matter, any other third person can purchase my share in the house by giving me the monie. Thats fine, no problems in it.

But selling the house means the whole property, which includes the portion that other co owner has rights to. When the house will be sold, it will be required to get signatures of all the owners of the house, without which the sale cannot be complete.

Colin
hawk in sea

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Post Posted: Mon Nov 12, 2007 4:57 pm    Post subject: reverse quit claim
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Here is my problem I quit claimed a propertie to some one that is now in prison house going into 4 closure and I'm on the loan what can I do
Icon Mini Profile jenkin7





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Post Posted: Tue Nov 13, 2007 10:39 pm    Post subject: reverse quitclaim
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Hello Hawk,

Didn't your lender ask this person to refinance the mortgage in his name when the ownership was transferred?

If you are on the mortgage, then you are financially responsible for it and if the house forecloses, it will affect your credit.

If it is possible for you to make the payments, then you may do that immediately to stop the foreclosure.

In order to do a reverse quit claim, the present owner is required to sign the document as the grantor. You can take the help of a lawyer and the prison notary to do that but it might take some time.

It is better to talk clearly to the lender as early as possible to prevent the foreclosure, if you have less time.
NL hans

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Post Posted: Fri Nov 16, 2007 6:55 pm    Post subject: quit claim
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My husband and I are getting a divorce. He quit claimed the house and business to me. The divorce will soon be final and suddenly he is trying to stop the divorce so he can fight me for the house. Could he be successful?
Icon Mini Profile larry





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Post Posted: Sat Nov 17, 2007 5:16 am    Post subject:
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Hi,

I have given the answer at-http://www.mortgagefit.com/quitclaim/divorce-deedreversal.html
You can check it out.

Feel free to ask if you have any farther questions.

Thanks,
Larry
Carole Preston

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Post Posted: Sat Dec 01, 2007 6:55 am    Post subject: Want to sell house coowner will nt sign
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I want to sell housse, comortgage never lived in house or assumed any financial responsibility. Early on he signed quitclaim deed. Now he is in prison on felony life conviction and refuses to sign warranty deed. Don't want foreclosure on my record, what can I do? What is receivership and how does it work?
Icon Mini Profile jenkin7





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Post Posted: Tue Dec 04, 2007 5:37 am    Post subject:
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Hello Carole,

If you want to sell the property, the co-owner has to sign the document and give his consent.

Has he already signed a quit claim deed before to remove his name from the deed? Then why is he needed to sign the warranty deed again if his name is already removed from the title?

There is another option. You may force a sale by bringing a partition lawsuit against the co-owner.
ann

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Post Posted: Wed Sep 17, 2008 4:17 pm    Post subject: Quit claim signatures
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A friend of mine has sons in germany who he did not know were listed when the property was purchased in 1985. His wife died in 1986 and did not leave a will. Now that he is trying to sell this house, he found out during a title search that the sons were listed. He has paid for this house by himself all these years including taxes. The sons never paid anything. The mother died when they were 2 years old, however, now since he is asking for a quitclaim they all of a sudden they have a right to the home and won't sign the deed. How can my friend sell the home without the son's signatures?
Thank you!
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