Posted on: 18th Sep, 2009 12:09 pm
my grandparents quit claimed the deed to their youngest son in 2006, and from that nothing seemed to show in the county recorders records, but somehow in 2009 his wife (who was not included or even named on the quit claim) transferred ownership to her husband, (the son who originally had it quit claimed to him by his parents) via a warranty deed so that he could refinance it, while he held the power of attorney for his father, since his mother had passed. we are trying to understand how his wife could even do such a thing when she had no claim to the deed, let alone how she could warranty deed it back to the original intended party without it being recorded. it seems pretty shady considering they refinanced my grandpa's mortgage, and cashed out over $40k.
first of all, it is essential that you understand what a quit claim deed is. the only thing a quit claim deed does is to transfer from one party to another the first party's interest in a property. if the first party has no interest to transfer, then that's what the second party gets - nothing. if it's 50% ownership being transferred, then that's what is received.
anyone can quit claim anything. there are no warranties involved, so if i quit claim the same house you're talking about to you, then your acquisition is exactly whatever my interest is in that house - nothing, nada, zilch - call it what you will.
so if the son you've mentioned obtained a quit claim deed from his wife for property she has zero interest in, then that's the portion of the property that he owns as a result - zero.
i hope this makes sense.
anyone can quit claim anything. there are no warranties involved, so if i quit claim the same house you're talking about to you, then your acquisition is exactly whatever my interest is in that house - nothing, nada, zilch - call it what you will.
so if the son you've mentioned obtained a quit claim deed from his wife for property she has zero interest in, then that's the portion of the property that he owns as a result - zero.
i hope this makes sense.
Ok, But how was She even able to warranty deed it to Him, since she was never even on the original deed? The deed was in both my grandparents name, then they quit claimed it to their son, and 3 years later his wife, then warranty deeded it back to him.. this is where the confusion is for me, where in this equation would my uncle's wife be able to do this?
ex; Bill and Sally are the mortgage owners, they quit claim soley to their son Billy in 2006, then in 2009 Billy's wife Jill warrenty deed's it back to Billy in order for him to refinance the home?
ex; Bill and Sally are the mortgage owners, they quit claim soley to their son Billy in 2006, then in 2009 Billy's wife Jill warrenty deed's it back to Billy in order for him to refinance the home?
i'm sorry...i neglected to read your entire post. don't ask me why, because i sure can't explain it. you're quite right in asking that...not only that, what took place truly does make no sense. if she had no rights to the property to begin with, then she has no rights to transfer.
you can certainly go get an attorney to help you figure out/straighten out this situation. perhaps there's a way in which to get some sort of relief also.
you can certainly go get an attorney to help you figure out/straighten out this situation. perhaps there's a way in which to get some sort of relief also.
Thank you! thats what I thought, I have researched it some, and from the recorded documents in that county, we have no idea how his wife was able to warrenty deed something to her husband when she never had any claim on the property! We are seeking legal assistance!
interesting report , despatch to continuing.
that was most helpful to learn, suppy