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mansunwoo · Joined: 27 Apr 2011 Posts: 2 1.75 Dollars($)

About 1.5 years ago, I moved into my parents house with my kids because I had lost my job.

my credit was not good enough to buy so I was living in the house paying the monthly mortgage payments . This was my parents mortgage.

After a while, my parents thought it was a good idea to quit claim the house to me to help me since I was not able to finance a new home by myself and I was making all the mortgage payments. They consulted an attorney and was told that there would not be any excise tax because it was to be a gift and also since I have been making all the mortgage payments??

So we did and then we got hit with an excise tax bill.

My lawyer appealed but lost.

But then we got a letter from my parents mortgage company telling us that the quit claim was never authorized and invalid.

A few months ag my parents decided to refinance the house and simply add my name to the new mortgage.

So in essence, if the quit claim was never a valid claim even though recorded by the county, ownership never changed....

Do I still have pay excise tax for this error and/or what can I because I really do not need to be on this deed? Do I quit claim the property back to them???

Please help.

jameshogg · Posted: Wed Apr 27, 2011 8:53 pm Post subject:

Hi mansunwoo,

If the quitclaim deed was recorded at the county recorder's office, then it should be as valid. I will suggest you to have a word with a real estate attorney in this regard and take his opinion in this matter.

Thanks

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Do I still have to pay Excise tax after an invalid quit claim?

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