Posted on: 13th Sep, 2006 09:34 am
Hi,
Question: My brother spent some time in prison for growing pot. 8.5 years to be exact. Before he was incarcerated he "Quit Deeded" his home over to our sister. That was about 12 years ago. My brother has been out for about 4 or 5 years now and she won't give him back his house. She lived there for 8.5 years rent free. He has been maintaining the taxes...
My sister has a gambling problem and has taken out a large mortage on the home. Can she do that without his permission?? When he went to jail there was a 5,000.00 mortage left on the house and now I think there is about 80,000.00 she gambled away.
How can he get his home back....The home is located in MN.
My brother is a great guy and made a mistake, but this is not fair. He is 54 and wants to build a new house on his property and can't because of this problem..
Thanks for any help...
Steve in MI.
Question: My brother spent some time in prison for growing pot. 8.5 years to be exact. Before he was incarcerated he "Quit Deeded" his home over to our sister. That was about 12 years ago. My brother has been out for about 4 or 5 years now and she won't give him back his house. She lived there for 8.5 years rent free. He has been maintaining the taxes...
My sister has a gambling problem and has taken out a large mortage on the home. Can she do that without his permission?? When he went to jail there was a 5,000.00 mortage left on the house and now I think there is about 80,000.00 she gambled away.
How can he get his home back....The home is located in MN.
My brother is a great guy and made a mistake, but this is not fair. He is 54 and wants to build a new house on his property and can't because of this problem..
Thanks for any help...
Steve in MI.
As your brother quit claimed the house to her, I think she can take a mortgage on the house.
Thanks
Thanks
hi steve,
once a quit claim deed is made it is very difficult to reverse it.
you should also consult an real estate attorney and explain the situation.
james
once a quit claim deed is made it is very difficult to reverse it.
you should also consult an real estate attorney and explain the situation.
james
Hi Steve,
Let me add another thing. To reverse a quit claim deed you will have to prove that the transfer of the property to sister was invalid. The deed can become invalid if it can be proved that the your brother had signed the deed under some threat, external pressures or signed believing some lies that were told by the sister.
But it is normally quite difficult to provide sufficient proofs for that. I also agree with you that it is not very fair on your sister's part to behave in such a manner with a person who allowed her to live in the house for so long. I really feel bad about your brother's situation.
Colin
Let me add another thing. To reverse a quit claim deed you will have to prove that the transfer of the property to sister was invalid. The deed can become invalid if it can be proved that the your brother had signed the deed under some threat, external pressures or signed believing some lies that were told by the sister.
But it is normally quite difficult to provide sufficient proofs for that. I also agree with you that it is not very fair on your sister's part to behave in such a manner with a person who allowed her to live in the house for so long. I really feel bad about your brother's situation.
Colin
Hi,
If your sister had her name on title, she had the right to take a loan against it. Just check this out on the deed to the house.
To get back his interest in the property, your brother will have to ask the sister to quit claim the property back to him. Though this is quite difficult, yet he can give a try.
Refer this discussion on Reverse Quit Claim Deed for more on this issue.
Thanks,
Caron.
If your sister had her name on title, she had the right to take a loan against it. Just check this out on the deed to the house.
To get back his interest in the property, your brother will have to ask the sister to quit claim the property back to him. Though this is quite difficult, yet he can give a try.
Refer this discussion on Reverse Quit Claim Deed for more on this issue.
Thanks,
Caron.
After my mother died & my father was about to re-marry we decided to but the homeplace from him. This was all done on a handshake agreement & no papers have every been drawn up. We owe 2 more years but due to my fathers medical condition, we feel like now is the time to make it legal. What is the easiest & least expensive way to handle this?
Hi sharon,
I think doing a quit claim deed will be the easiest thing and the least expensive one too. As it is a legal matter, it is better to get the deed drafted by an attorney. Although you wish to complete it in as much low cost as possible, yet try to seek help from an attorney at the minimum fees.
I think doing a quit claim deed will be the easiest thing and the least expensive one too. As it is a legal matter, it is better to get the deed drafted by an attorney. Although you wish to complete it in as much low cost as possible, yet try to seek help from an attorney at the minimum fees.
Hi Sharon,
I feel you should have done all the paperwork much before. This actually saves you from any kind of problems with the title in future. Anyway, in most buying and selling transactions, a warranty deed is widely used as it conveys title there by stating that there can be no claims on the ownership rights in future. A quit claim deed does not ensure this; instead it just conveys whatever interest the grantor has in the property. So, I shall suggest that you ask your father to use a warranty deed for the transfer of title.
Thanks
I feel you should have done all the paperwork much before. This actually saves you from any kind of problems with the title in future. Anyway, in most buying and selling transactions, a warranty deed is widely used as it conveys title there by stating that there can be no claims on the ownership rights in future. A quit claim deed does not ensure this; instead it just conveys whatever interest the grantor has in the property. So, I shall suggest that you ask your father to use a warranty deed for the transfer of title.
Thanks