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i want to help my mom

Posted on: 02nd Jul, 2007 12:27 am
hi my name is midori every. i have a question about quit claim deed that my mother signed without knowing what it is since she hardly understands english. after 6 years of marriage. my step dad bought a house through centex. first he told her to pay off the loan for the new car that she bought for my sister. he needed immediate family member to move into the house from hawaii to vegas since he was deployed in iraq, so i was staying at the hotel in california until my mom came down. the ownership was supposed to be under both of their names, until when centex called us and told us that there are going to be some paper work to be signed, there were two papers in front of us, one is quit claim deed, and another is stating that he will add her name later on when he gets back (unsigned). my step dad as well as centex told us there is less paper work if she signs the paper so she did. he is back for about four months and never put her name back on. however, there is an email between me and my step dad stating that he will put her back on. he lied to us but do you think we still can reverse or undo the process? i really need your help. i feel really bad and sorry for her since i was there when she signed it.
sincerely,
midori every
Dear Midori,

I do feel your frustration. But, then, your mother signed the quit claim deed. If her name has not been included in the property, how can you help her get it? :( I do feel that one thing is possible if you file for a lawsuit against your step-father and produce the e-mail as a proof. But, do consult a lawyer before you do so.

Best of luck !

Rosetta
Posted on: 02nd Jul, 2007 02:04 am
Hello Midori,

"However, there is an email between me and my step dad stating that he will put her back on. He lied to us but do you think we still can reverse or undo the process?"

You can reverse the quit claim deed if you father or the grantee signs a quit claim deed in favor of your mother (grantor). In case your step-father refuses to sign, then you would have to prove that the transfer of property was invalid. Since your mother hardly understands English, you can file for a case of deception in the civil court. But, in order to show the transfer is invalid, you may need the help of a lawyer. 8)
Posted on: 02nd Jul, 2007 02:30 am
Hi Midori,

I suppose your step father and the builder had done a kind of fraud with your mother as they had her sign on the deed. Now, as he has agreed to include your mother in the property, the quitclaim deed is to be reversed. He has to sign a fresh deed along with your mother and get it signed by the notary public. And that should be recorded at the office of the county recorder.
Posted on: 02nd Jul, 2007 02:45 am
If the courts consider the email as a legal proof then the property transfer can be reversed.

In the email your step dad stated he will put your mother back on the deed.

Consult an attorney to know if the email can be considered as a proof of the consent your step dad has provided.

Miller
Posted on: 02nd Jul, 2007 12:30 pm
"my mother signed without knowing what it is since she hardly understands English. "
"there is an email between me and my step dad stating that he will put her back on."
If the above two points can be proved in the court then court will surely order cancellation of the previous deed and giving back the rights to your mother.
Posted on: 04th Jul, 2007 06:32 pm
Thank you so much everyone for replying! It means alot!
Posted on: 02nd Aug, 2007 05:37 pm
Midori please do let is know if you have any other doubts. We will try to provide you help in the best possible way.

Miller
Posted on: 02nd Aug, 2007 06:22 pm
Hi Midori,

Is your step Dad planning to divorce your Mom? Is that why he took off your Mom's name from the title to the house?

Joshua
Posted on: 03rd Nov, 2007 02:08 pm
Hi Joshua,

I think it is not because Midori's step-father is planning to divorce her mother but as Midori says-
"He needed immediate family member to move into the house from hawaii to vegas since he was deployed in Iraq, so I was staying at the hotel in california until my mom came down. The ownership was supposed to be under both of their names, until when centex called us and told us that there are going to be some paper work to be signed,"

Thanks,
Larry
Posted on: 05th Nov, 2007 09:05 pm
Hi Larry,

A quit claim deed is for the sole purpose of removing someones name from the deed to clear title. when you sign it, you're giving up your rights to the property. it has nothing to do with whether you're going to live there or not. it's just suspicious that Midori's father had his wife sign the quit claim deed when he purchased the house. for what purpose does he want to be the sole owner of the house? Midori's dad is now back from Iraq and he must be refusing to put his wife's name on the deed. Otherwise Midori wouldn't be seeking help in this forum.

Josua
Posted on: 08th Nov, 2007 09:46 am
Hi Joshua,

You have a point there. I too feel that Midori's father doesn't want to put his wife's name back on the deed. In that case, Midori needs to prove that his mother was asked to sign the quitclaim deed by way of fraud, she wasn't fully informed as to what it exactly meant and what her purpose of signing the deed was.

Midori, do contact an attorney asap and find out what can be done legally so that the quitclaim can be reversed.

Take Care
Posted on: 09th Nov, 2007 09:10 am
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