Posted on: 19th Jul, 2007 12:51 pm
my boyfriend signed a quit claim deed under false pretenses. he was told a lie by his ex-wife in order for him to sign it. also, her attorney was the one that prepared the quit claim deed and he was the one that notorized it. there was also no notory stamp on it. is this considered illegal? it was filed at the recorders office. also, he is paying her a monthly expense for the mortgage, heloc, taxes and so on (his name is on the mortgage and she does not have the income to refinance). it also states in the divorce decree that it is not considered maintenance so that he cannot claim this on his taxes right? he did not have an attorney at the time so i think he was being taken advantage of by his ex-wife. is there anything he can do?
Hi Connie,
If the deed didn't have the notary stamp then it cannot be considered as a legal document. And to notarize the deed, attorney needs to have the authority to work as a notary public.
In addition to it, you are saying your boyfriend had signed the deed under false pretense. Would you be able to somehow prove that? If you can, then all these points can be used to file a lawsuit for cancellation of this deed.
If the deed didn't have the notary stamp then it cannot be considered as a legal document. And to notarize the deed, attorney needs to have the authority to work as a notary public.
In addition to it, you are saying your boyfriend had signed the deed under false pretense. Would you be able to somehow prove that? If you can, then all these points can be used to file a lawsuit for cancellation of this deed.
"It also states in the divorce decree that it is not considered maintenance so that he cannot claim this on his taxes right?"
Yeah
Yeah
In my opinion you have good legal points to contest validity of this deed. What you need to do is contact an attorney and explain all the details.
From what you have described it is highly likely that judgment will be given in your favor canceling the deed.
From what you have described it is highly likely that judgment will be given in your favor canceling the deed.
Connie,
A quitclaim deed cannot be reverse until and unless the grantee agrees to quitclaim back the property to the grantor. So, if your boyfriends's ex-wife wishes to sign the deed back to him, only then it is possible to reverse the deed.
However, in your case, I don't feel that the ex-qife would ever sign it back. After all your boyfriend has been paying for the mortgage, taxes and what not but he's been deceived even then.
You are correct in thinking that in the divorce decree, the payment towards the mortgage and taxes are not mentioned as maintenance charges as otherwise he may have claimed these charges on his taxes.
Now, what I shall suggest is that, you consult an attorney asap and take his advice as to whether you can go for any legal action.
A quitclaim deed cannot be reverse until and unless the grantee agrees to quitclaim back the property to the grantor. So, if your boyfriends's ex-wife wishes to sign the deed back to him, only then it is possible to reverse the deed.
However, in your case, I don't feel that the ex-qife would ever sign it back. After all your boyfriend has been paying for the mortgage, taxes and what not but he's been deceived even then.
You are correct in thinking that in the divorce decree, the payment towards the mortgage and taxes are not mentioned as maintenance charges as otherwise he may have claimed these charges on his taxes.
Now, what I shall suggest is that, you consult an attorney asap and take his advice as to whether you can go for any legal action.