How can you reverse a quitclaim deed?

jmgovine · Joined: 27 Jul 2006 Posts: 1 1.63 Dollars($)

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?

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Hi Jmgovine,

I found some information about reversal, have a look,
http://www.mortgagefit.com/discuss/about2152.html#cancel

Malvin

Guest 0.10 Dollars($)

There is another page with good discussion about reversing a quit claim,
http://www.mortgagefit.com/quitclaim-deed-10.html

Jessica · Posted: Thu Jul 27, 2006 9:47 pm Post subject: RE: Reverse quit claim deed

Hi,

You can reverse the 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.

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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.

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

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.

evolovik26 · Posted: Sat Sep 01, 2007 7:29 pm Post subject:

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.

colin · Posted: Sat Sep 01, 2007 7:49 pm Post subject:

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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

jenkin7 · Joined: 04 Jun 2007 Posts: 887 132.55 Dollars($)

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.

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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?

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

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

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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?

jenkin7 · Joined: 04 Jun 2007 Posts: 887 132.55 Dollars($)

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.

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