quit claim

Guest 0.10 Dollars($)

Several years ago, my step-daughter divorced her first husband. They were living in a mobil home, on part of my property. She had a small child. At the time she worked at the court house. She wanted a new trailer and told me, the only way she could get it, was to have a quit claim deed. Trusting her, my husband and I signed the papers, she gave us. Now she wants the property and said, she will take us to court, if she doesn't get it. What are our rights, in the sitituation?

miller_st · Joined: 17 Jan 2007 Posts: 917 168.82 Dollars($)

Carol, you mean to say that she got your signatures on quit claim deed for the property you own? If that is so then she has become the legal owner. She can take you to court to vacate the property.

Miller

Niicss · Joined: 03 Oct 2005 Posts: 1019 151.80 Dollars($)

You will have to prove that she took your signatures by misleading you to believe that signatures were required to get a new trailer.

If that can be proved then court will cancel the deed and return the property back in your name. But do you have any proof that she said such a thing?

Guest 0.10 Dollars($)

Let me tell you that it can be very difficult to prove fraud if there is no written documentation of what was said.

larry · Joined: 27 Jun 2007 Posts: 3263 463.26 Dollars($)

Hi Carol,

I feel pity on you and your husband as you have been misguided by your step-daughter. Did you have any written agreements at the time of signing the deed that your step-daughter wanted the deed to get a new trailer? In that case, you can show it to the court as evidence that your daughter has misguided you. Though it is very hard to prove, yet you can try it.

Best of luck!

Guest 0.10 Dollars($)

my mother in law was about to lose her property, was unable to pay mortgage. signed over her supposing property , by a quit claim deed, to my husband, however the property has been quit claim to her sons., however I pay off the mortgage in return for the quit claim deed. what legal action can I take to recover my money, I don't want the property I want my money back.

larry · Joined: 27 Jun 2007 Posts: 3263 463.26 Dollars($)

Hi juana.

Welcome to the forum.

You have paid the money. So doubt whether you will get back the money or not but better you should consult this with an attorney. If your mother in law have previously quitclaimed the property to anyone then she cannot quitclaim it again as she is not even the owner and I think you can even take legal action against her.

Have you asked her why has she asked you to pay the mortgage and quitclaimed the property to your husband when she has already quitclaimed it to her sons?

Best of luck,
Larry

jheard · Posted: Sat Jul 19, 2008 7:48 am Post subject:

If a quitclaim deed was signed through fraud, it is invalid. You will have to go to court to invalidate the deed. Check with a local real estate attorney.

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