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Bob1234
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 Posted: Wed Jun 17, 2009 9:33 pm Post subject: Quitclaim deed and Promissory Note |
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About 4 years ago my father quitclaim deeded a property over to me. We had a verbal agreement for a mortgage payment of $900 a month. I just now find out through a clerk of court website that he had a promissory note registered with the county in Florida 4 months after the quickclaim deed was filed. Since a quitclaim deed releases all right, title, interest, and claim to a property "forever" (exact wording in document) is this promissory note valid?
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 manoj_gopale
Joined: 16 Feb 2009
Posts: 481
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| Posted: Wed Jun 17, 2009 9:48 pm Post subject: |
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I think this question will be well addressed by any attorney only.but still quitclaim deed supersedes the promissory note.
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gmakerley
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Joined: 09 Nov 2007
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| Posted: Thu Jun 18, 2009 7:52 am Post subject: |
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a promissory note's validity is based, at least in part, on the parties to it. did you sign a promissory note? if so, did you do so willingly? do you owe the money claimed on the note?
i surmise that if you answer in the affirmative to all three questions, then the promissory note will be found to be valid.
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robertsmith2005
Joined: 22 May 2009
Posts: 338
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| Posted: Thu Jun 18, 2009 7:52 am Post subject: |
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| check whether quit claim deed is notarized or not. if not, it is not valid. |
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Bob1234
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| Posted: Thu Jun 18, 2009 8:48 am Post subject: |
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The quitclaim deed is notarized and my signature is on the promissory note although I have no memory of EVER signing it. The amount on the promissory note is more than the amount we verbally agreed on. I am consulting an attorney presently and he said that the mortgage may have to be filed within 90 days of the quitclaim deed. Anyone have any ideas?
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gmakerley
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| Posted: Thu Jun 18, 2009 11:36 am Post subject: |
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i have to ask this: if the promissory note is different than the agreed-upon amount, why oh why did you sign it?
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George M. Akerley
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Bob1234
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| Posted: Thu Jun 18, 2009 2:37 pm Post subject: |
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I do not remember signing it. At the time of the quitclaim deed I signed many papers but I assumed since it was my father that I had nothing to worry about.
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gmakerley
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| Posted: Fri Jun 19, 2009 7:24 am Post subject: |
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did you not get a copy of what you signed?
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