Posted on: 24th Apr, 2008 09:52 am
hi there i live in arizona, and i want to reverse a quit claim deed that i apparently signed after my divorce, however at the time i was heavily medicated and the papers were not explained to me as giving up me interest in the home. how can i go about doing this myself as i cant really afford to hire an attorney however i will if i have to
it looks to me like you ought to find a lawyer to help you - spending the money will be well worth your while if you are successful.
Hello AddthePassion and,
Welcome to Forum.
This is a stretch, but if you can get your exwife to quitclaim the property back over to you, then you can avoid getting a lawyer. the lawyer will be the other alternative to prove you were under the influence when you quit claim the property over to your exwife.
Good luck
Jeanette Smith
Mortgage Planner
Union Mortgage Group
Welcome to Forum.
This is a stretch, but if you can get your exwife to quitclaim the property back over to you, then you can avoid getting a lawyer. the lawyer will be the other alternative to prove you were under the influence when you quit claim the property over to your exwife.
Good luck
Jeanette Smith
Mortgage Planner
Union Mortgage Group
You must hire an attorney and file a lawsuit to have the deed voided for lack of capacity and undue influence.
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I will also encourage him to first ask exwife to quitclaim property back over to him. He should seek an attorney if that fails. He will not have to go through that process when an attorney is involved if she quit claim the property over to him. As I said before, it is a strech but its worth a try.
Jeanette Smith
Mortgage Planner
Union Mortgage Group
I will also encourage him to first ask exwife to quitclaim property back over to him. He should seek an attorney if that fails. He will not have to go through that process when an attorney is involved if she quit claim the property over to him. As I said before, it is a strech but its worth a try.
Jeanette Smith
Mortgage Planner
Union Mortgage Group
In 2002 my mother executed a warranty deed to me with no strings attached (dhe had creditors she wanted to hide the assets from). We subsequently had a fight and she took me to court. The judge decided to make it a constructive trust (after 6 yrs) and voided the deed. Is this legal? A
Hi gregory Gilbreath
Before the judgment has been given by a judge, the case must have been fought in the court. In that case, the decision seems to be legal. If you do not want to accept the decision, you can contact an attorney and show him/her the documents and check his/her opinion and take steps accordingly.
Thanks.
Before the judgment has been given by a judge, the case must have been fought in the court. In that case, the decision seems to be legal. If you do not want to accept the decision, you can contact an attorney and show him/her the documents and check his/her opinion and take steps accordingly.
Thanks.
wouldn't you think that a judge - ordered to uphold the law (i.e., determine what is legal and what is not) - would be able to make a legal judgment and not have someone question "is it legal?"
the easiest way to get the best answer to the question is to go back to that judge and ask him if what he did is legal.
the easiest way to get the best answer to the question is to go back to that judge and ask him if what he did is legal.
I am one of five siblings and my mother (widowed) just did a will with my eldest (wealthy) sister's, attorney. We were present for most of the proceedings however the first visit we were not. We became aware when my mother was signing over her house to her children and my eldest sister's children., of which was not my mother's wishes. Although we have since corrected the error and my mother has chosen to keep her house in her name, we are concerned that other portions of the will may also need adjusting. Our question is , in the meeting we were not present, my sister's lawyer( of which she offered to pay), may have slipped my mother a quitclaim on the house giving it entirely to her. Lots of papers were shuffled when we were not there and it could have easily been overlooked by my elderly mother. How would we know or find out if that happened? We of course asked for all paperwork from the lawyer but don't trust him.
Hi Charles,
You can do a title search to find who actually owns the house i.e. whose name appears on the title of the house. If your sister had your mother sign a quitclaim deed and recorded it with county recorders office, the title search will show the change in ownership. You can check with the county recorders office also. If the deed wasn't signed or recorded, you can ask your mother to sign a quitclaim deed to all you siblings (with a life estate for herself, if she wants) and then have it notarized and recorded so it becomes legally valid.
You can do a title search to find who actually owns the house i.e. whose name appears on the title of the house. If your sister had your mother sign a quitclaim deed and recorded it with county recorders office, the title search will show the change in ownership. You can check with the county recorders office also. If the deed wasn't signed or recorded, you can ask your mother to sign a quitclaim deed to all you siblings (with a life estate for herself, if she wants) and then have it notarized and recorded so it becomes legally valid.
i took over a property that is in foreclsure. can you stop the grantor from coming back to the property after signing the quick claim deed at my attorneys office for total ownership of his interst. he walk away and still tries to pressure the tenants for rent monthly. :!:
Hi evanstar,
This has already been discussed on the following page:
http://www.mortgagefit.com/quitclaim/signover-totalownership.html#80262
This has already been discussed on the following page:
http://www.mortgagefit.com/quitclaim/signover-totalownership.html#80262
We were going to get a divorce but know we have reconciled can he reverse the quit calim on deed
just do a new one, maggie - that will be effective. and it shouldn't be too hard, since you already have experience.
i was divorced in august of 1996 i signed a quit claim deed to transfer ownership to my ex in june of 1996..i just recently found out he had paid off our house in 1992 one year after we purchased it then took out several mortgages on top of it and paid them off before our divorce..also at the time i had a nervous break down and i was in the hospital til feb of 1996 can i reverse the quit claim deed after all these years if i can prove he lied to me and that i was under emotional duress to sign the papers? also he hid money from me..we bought the house jointly..i looked on the register of deeds and the house is still registered in my name..any advice would be appreciated thanks cherie
[Email address deleted as per forum rules. Thanks.]
[Email address deleted as per forum rules. Thanks.]
Welcome cherie,
You can definitely get the deed reversed if you can prove that he lied to you or forced you to sign the deed. However, you will have to contact an attorney and he will help you in filing the lawsuit.
You can definitely get the deed reversed if you can prove that he lied to you or forced you to sign the deed. However, you will have to contact an attorney and he will help you in filing the lawsuit.