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Guest

Hello,

My father and his spouse have lived together for 25 years. They purchased a house in 2000 together and both are on the mortgage and deed. In 2006 she had him sign a Quit Claim Deed becuase we knew that he would need government assistance in the future for his disability and we did not want him to have large assets. She never recorded the Quit Claim Deed at the Wayne County Michigan Register of Deeds office.
She has now asked him to move out becuase she does not want to help him with his disability.

What is the statue of limitations to file a quick claim deed in Wayne County Michigan? I have tried to contact their office but no one ever answers the phone.

Is the Quit Claim Deed still valid if not filed?

Any help is greatly appreciated as any equity in the house will help support him and get a place to stay.

Thank you,

Jim

jameshogg · Posted: Thu Aug 14, 2008 12:09 am Post subject:

Hi Jim,

I don't think the deed is valid since it's already 2 years past since the deed has been recorded. I'm not aware of the actual time frame within which one needs to record the deed to make it valid. But is she still paying for the loan?

Guest

James,

The Quit Claim Deed was signed and witnessed by a Notary but never filed with the Wayne County Michigan Register of Deeds office. They have a joint bank account that the mortgage payment comes out of every month. Becuase they refinanced in 2007 they still owe $62,000 on a house valued at $100,000.

It would be nice for him to get some equity money out of it but she says he is not getting anything and it is her house becuase he signed the Deed.

Any advice is helpful,

Thank you,

Jim

Guest

Sorry Refinanced in 2004

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Jim.

Welcome back. Is he still on the mortgage? If the quitclaim deed has been signed and notarized, then it is valid, although it is always better to record the deed ASAP to make the deed valid. I think your father should do a title search to find out whether he is still on the title of the property? Also contact with an attorney ASAP.

Best of luck,
Larry

Guest

I have a signed notarized quick claim deed for a Michigan home which I am residing in at this time. The quick claim deed was put together and notarized in California because the owner of the property lives there. Is it still valid in Michigan? I do not want to file it unless my the signer should suddenly die. He holds the mortgage and I am paying it through him. He has made it possible for me to buy the house by financing it through a mortgage company and I pay him monthly. Any information you could give me would be greatly appreciated. Thank you.

smithsussane · Posted: Mon Sep 22, 2008 12:17 am Post subject:

Hi Pam!

Welcome to Forums!

I am sorry to say but the deed will not be valid in Michigan. As the property is in Michigan, you need to record the deed at the County recorder's office in Michigan and not California. Even the form used to finalize the deed should of Michigan. You can request the owner of the property to come down to Michigan and sign a quitclaim deed.

If you feel like transferring the mortgage in your name, you may also go for the process of novation. This transfers the mortgage on the property in your name.

Feel free to ask if you have further queries.

Sussane

Guest

does the quit claim deed hold up in california where the law is clear on the spouse gets half.

smithsussane · Posted: Mon Oct 13, 2008 11:11 pm Post subject:

Hi sb!

Welcome to Forums!

If the spouse signs a quitclaim deed and gives away the interest in the property, then the community property laws will not affect. The spouse will lose all the interest in the property.

Yes, quitclaim deeds are valid in California.

Feel free to ask if you have further queries.

Sussane

Guest

Where can I get a Michigan Quit Claim Deed form? Is there an internet site that might have this form? I don't want to have to pay a real estate attorney.

adonis · Posted: Thu Jan 29, 2009 11:12 pm Post subject:

Hi Terri,

You can get a quitclaim deed form for Michigan in the given link:
http://www.mortgagefit.com/predeal/quitclaim-stateforms.html#42189

Guest

If i'm divorice and my papers say i get sole possension of the house and she dont sign a quick claim deed does she have any right to the house>

jenkin7 · Posted: Wed Mar 18, 2009 1:41 am Post subject:

Hi mike,

As long as she is on the title, she has a legal right to the property. Thus, even if you have the divorce agreement papers stating you get the sole possession of the property, she can still have a claim on the proeprty. I think you should get a quitclaim deed signed by her asap. If she refuses to do so, you can sue her in the court.

Guest

I am helping my son refurbish a home that has been unoocuppied and uncared for for years. I would like to know what is his next avenue to getting the title deed to this property?

smithsussane · Posted: Thu May 07, 2009 8:30 pm Post subject:

Hi CleeClee!

Welcome to forums!

You'll have to ask the owner of the property to transfer the property to your son with the help of a quitclaim deed. This will help him in becoming the owner of the property.

If your son wants to claim it as an abandoned property, then he will have to fulfill all the criteria required by the state laws. For this, I would suggest you to contact an attorney and take his opinion in this issue.

Feel free to ask if you have further queries.

Sussane

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