Posted on: 20th May, 2006 04:08 am
i signed a quit claim deed under false pretense.my husband is now selling our home without my signature with a real estate co. is this legal?
Hi, Granny
Once you signed the deed the transfer becomes final, you no longer own the property.
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I signed a quit claim deed under false pretense.My husband is now selling our home without my signature with a real estate co. Is this legal?"
Basically if you can prove that you have been tricked or forced to sign the deed then the person found guilty will be punishable by up to 10 years in prison, up to a $20,000 fine, a $500 payment to a victims fund, all court costs, and $100 for DNA profiling. Though it wont be easy. But it is very important to consult the attorney before you do any thing.
All the best
Once you signed the deed the transfer becomes final, you no longer own the property.
"
I signed a quit claim deed under false pretense.My husband is now selling our home without my signature with a real estate co. Is this legal?"
Basically if you can prove that you have been tricked or forced to sign the deed then the person found guilty will be punishable by up to 10 years in prison, up to a $20,000 fine, a $500 payment to a victims fund, all court costs, and $100 for DNA profiling. Though it wont be easy. But it is very important to consult the attorney before you do any thing.
All the best
Granny, as far as the legality goes it is indeed legal. As you have signed the deed and he has all the documents to prove that.
Now the question remains under what circumstances you signed the deed. It may be impossible or extremely difficult to undo the deed unless the grantee agrees to quit claim the property back to you.
You have to prove that the transfer was invalid like you signed it due to lies which your husband told you. You can hire a lawyer to invalidate the transfer but that can be expensive and chances of success is also very less.
Hope you will be able to sort it out with your husband.
Now the question remains under what circumstances you signed the deed. It may be impossible or extremely difficult to undo the deed unless the grantee agrees to quit claim the property back to you.
You have to prove that the transfer was invalid like you signed it due to lies which your husband told you. You can hire a lawyer to invalidate the transfer but that can be expensive and chances of success is also very less.
Hope you will be able to sort it out with your husband.
Hi Granny,
Welcome to MortgageFit Forums.
I can understand your feeling. But as others mentioned that it's absolutely legal for him now to sell the property on his own as you have already quit claimed the property to him.
If you don't want the property to be sold then, you need to talk clearly with your husband and express your feelings. Don't get excited but, try to convince him keeping your cool.
If nothing comes out and you still want to have the interests back again then, you must consult a good real estate attorney for that. But I must make you aware that it's very difficult to prove that you signed the deed under some pressure.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
I can understand your feeling. But as others mentioned that it's absolutely legal for him now to sell the property on his own as you have already quit claimed the property to him.
If you don't want the property to be sold then, you need to talk clearly with your husband and express your feelings. Don't get excited but, try to convince him keeping your cool.
If nothing comes out and you still want to have the interests back again then, you must consult a good real estate attorney for that. But I must make you aware that it's very difficult to prove that you signed the deed under some pressure.
God bless you.
For MortgageFit,
Samantha
My father-in-law quit claim his home to him for a dollar. 3 days later my father-in-law died. It has been 4 months and we want to sell the house. It has been sitting vacant. My father-in-law was living with us. We want to put the money into a new house.
Hi Caleb,
You can only sell the house if you have been given the ownership rights. That your father-in-law has quit claimed the property, does not mean you cannot sell it. If you have your name on the title, then I don't think there's any problem in selling it.
Please let us know if you have any other queries, so that we can come up with further suggestions. And, if you are interested to know more on quit claim deed, then please go through this section.
Thanks,
Caron.
You can only sell the house if you have been given the ownership rights. That your father-in-law has quit claimed the property, does not mean you cannot sell it. If you have your name on the title, then I don't think there's any problem in selling it.
Please let us know if you have any other queries, so that we can come up with further suggestions. And, if you are interested to know more on quit claim deed, then please go through this section.
Thanks,
Caron.
My husband of 39 years is 65 yrs old and has decided he wants to get a Reverse Mortgage on our home to pay out the mortgages.....and have financial freedom....I am 60 years old and the rep that has been talking to my husband told him I have to sign quit claim deed, because I am too young.....this seems a bit risky for me. I work, my husband is retired, so he is talking to this man from Financial Freedom during my work hours....my husband seems to think this is all ok and as it should be, but I am, of course, skepical.
Thanks
Dottie
Thanks
Dottie
Hi Dottie,
39 years is quite some time!! Now I believe the amount of time you spent with each other in enough for you to decide on it.
From practical point of view I shall say that once you sign a quit claim deed you lose your interests in the home and in case any kind of separation arises between you it will be difficult for you to make any claims.
But more than me you can decide on it. If you feel you are not comfortable with the plan then you can always to talk to your husband and try to convince him to wait for at least 2 more years so that both of you can qualify together.
I hope he will understand. If you face problems in convincing him then talk to an attorney and seek his advice on how the deed should be prepared and what is the best way to proceed so that you still don't lose your claims in case of unwanted separation.
God bless you.
For MortgageFit,
Samantha
39 years is quite some time!! Now I believe the amount of time you spent with each other in enough for you to decide on it.
From practical point of view I shall say that once you sign a quit claim deed you lose your interests in the home and in case any kind of separation arises between you it will be difficult for you to make any claims.
But more than me you can decide on it. If you feel you are not comfortable with the plan then you can always to talk to your husband and try to convince him to wait for at least 2 more years so that both of you can qualify together.
I hope he will understand. If you face problems in convincing him then talk to an attorney and seek his advice on how the deed should be prepared and what is the best way to proceed so that you still don't lose your claims in case of unwanted separation.
God bless you.
For MortgageFit,
Samantha
How do I go about getting a quick claim terminated?
your first step is undoubtedly going to be to seek legal assistance. you need to be able to establish that it ought to be terminated, of course.
Granny, depends on what state you are in. In some states, if it is the marital home, you won wheteher you are on the deed or not.
What state are you in??
What state are you in??
As Gmak mentions though - first place you should be going is a lawyers office.