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can a quit claim deed be reversed and is there a statue of limitation?

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Icon Mini Profile busyang





Joined: 29 Oct 2008

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Post Posted: Wed Oct 29, 2008 8:10 pm    Post subject: can a quit claim deed be reversed and is there a statue of l
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In March of 1998, my mom is 82 year old and my older brother bought a mobile home in Florida.I paid the downpayment. In 2/2006 my brother got in trouble with creditors for not paying his credit cards, therefore he recieved threatening letters from the credit company. Being new in this country and does not speak English well, he panick and so is my mom. They both got scared that he might go to jail. My mom called my older sister (opportunist) and told her about the problem. My sister told my mom that she will buy the mobile home for $35,000 and that they can live in the place for 5 years and she will pay the monthly mortgage( $100/month) and will pay the amount that brother owes to the credit company. On top of that she had both of them signed the quit claim deed. These was done when both of them are under stressed, and find out that the creditors wants only $700 and $8,000 which my brother could have paid. It has been two years and I checked the court records and they have not filed the quit claim deed.
Icon Mini Profile adonis
adonis




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Post Posted: Wed Oct 29, 2008 9:30 pm    Post subject:
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Welcome Busyang,

Since the quitclaim deed hasn't been filed, therefore, there's no need to reverse it as because the deed is not valid unless it is filed at the County Recorder's office.

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Icon Mini Profile jameshogg
jameshogg




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Post Posted: Fri Oct 31, 2008 12:13 am    Post subject:
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Hi busyang!

Adonis is right. You do not need to file a reverse quitclaim if that deed has not been recorded in the county recorder's office. There is no validity of the deed and thus its not legal.

Thanks.
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Post Posted: Fri Oct 31, 2008 7:08 am    Post subject:
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Technically a deed is valid on delivery, and what's stopping her sister from recording that deed tomorrow?
Icon Mini Profile Niicss
Niicss




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Post Posted: Mon Nov 03, 2008 2:02 am    Post subject:
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Hi Guest!

In order to notarize the deed, 3rd party notary is required. If you sister finds a third party notary, then she can notarize it and then record it at the county recorder's office.

Thanks.

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LYNN

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Post Posted: Sun Dec 28, 2008 6:42 pm    Post subject: QUIT CLAIM DEEDS
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I SINGED A QUIT CLAIM DEED IN 1997 WAS STILL MARRIED TO MY HUSBAND. THEN DIVORCED HIM IN 2001. HE PASTEDAWAY NOV.29,2006. HE NEVER FILD THE QUIT CLAIM DEED TO TAKE MY NAME OFF THE HOUSE. AND I HAD GIVE HIM THE HOUSE IN THE DIVORCE. THE BANK IS COMING AT ME. THE HOUSE WAS TO GO TO OUR SON BUT HIS FIRST WIFES KIDS ARE IN THE HOUSE . AND THEY FOUND THE QUIT CLAIM DEED AND FILD IT 2 OR 3 MONTHS AFTER HE PAST. CAN THEY DO THAT?? AND CAN FLORIDA TAKE HOUSE FROM ME AND MY SON ???
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Sun Dec 28, 2008 11:13 pm    Post subject:
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Hi LYNN!

Welcome to forums!

You have mentioned that you have given the house to your ex-husband during the divorce. In that case the property belonged to him. I think, he did not refinance the mortgage in his name so the bank is coming after you for the mortgage dues. You can inform the bank about the divorce decree and inform them that the property was given to him.

You have mentioned that the property was to be transferred to your son. Did you have a written agreement about that? If you have a written agreement then you can sue the other party and get the property transferred to your son. In my opinion, you should take the help of an attorney. He will be able to tell you what are the right steps that you need to take.

Feel free to ask if you have further queries.

Sussane
Karen Russell

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Post Posted: Mon Jul 18, 2011 9:17 am    Post subject: Quit claim deed
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my husband's mother quit claim deeded her farm over to my husband in 2005 and it was notarized and recoreded at court house all by attorney and legal. My husband died in 2009 and now his mother in 2011. Mother in laws family wants to take me to court to get farm , the farm is in my husbands estate now. Can they do this?
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Mon Jul 18, 2011 10:21 pm    Post subject:
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Hi Karen!

Welcome to forums!

As your husband's mother quitclaim deeded the property to your husband, it will be a part of your husband's estate. No one can take you to court for that. You should immediately contact an attorney and check out what legal actions you can take against them.

Feel free to ask if you've further queries.

Sussane
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