Posted on: 16th Mar, 2007 09:20 am
My aunt and shameful uncle(married in) prepared a quickclaims deed without anyone knowing and tricked my other aunts and uncle to sign, thinking that it was to get permission to fix my grandfather's house, which they live in. They only saw the pages for the signatures and trusted my aunt and uncle and therefore signed. Two years later we found out that it was a quickclaims deed. My mother is deceased and my brother and I are now heirs. We were not listed on the deed. Furthermore, one of my cousins notarized the document, which I thought was illegal that a family member notarize a document. My relatives state that it was not signed before a notary. They signed on 2005 and she (notary) signed on 2007, the last day of her commission. Is there a way to reverse the deed? Five out of nine signed the deed. My uncle, the executor, has been trying to fight this, but has not been able to do anything. My greedy, self-seeking uncle (married in) now has all rights to this land and house. He has never done anything for his family or himself. Everything has always been given to him. Fortunately, the deed is to my aunt. However, we do not know what her will states. It was done in a very conniving and unsympathetic manner, as my aunt was very ill at the time and used they used her illness as the way to get everyone to sign. She is now deceased and he continues to live in the house my grandfather built, which is now falling apart. He did not even fix it which is what my relatives thought they were signing for. He receives disability checks and will not fix the house because he's afraid he will lose his checks, BUT HE HAS THE HOUSE. What can we do?
Please help!!!
guardianeg :(
Please help!!!
guardianeg :(
welcome guardianeg,
i can really understand your situation. it's really messed up but don't you worry. keep your cool so that you can take the right step forward.
you are correct; it is illegal to get the deed notarized by a family member. the notary has also signed it after a long time since the deed has been executed. i am not sure whether in your state, a quit claim deed will be taken as valid one after it has been signed by the notary within a gap of 2 years.
the only way by which you can reverse the deed is to prove legally that your uncle and aunt has made your relatives sign the paper under duress. you will have to talk to the persons who signed and convince them so that they are with you. also, you need to talk to an attorney if you wish to get the property rights.
thanks.
i can really understand your situation. it's really messed up but don't you worry. keep your cool so that you can take the right step forward.
you are correct; it is illegal to get the deed notarized by a family member. the notary has also signed it after a long time since the deed has been executed. i am not sure whether in your state, a quit claim deed will be taken as valid one after it has been signed by the notary within a gap of 2 years.
the only way by which you can reverse the deed is to prove legally that your uncle and aunt has made your relatives sign the paper under duress. you will have to talk to the persons who signed and convince them so that they are with you. also, you need to talk to an attorney if you wish to get the property rights.
thanks.
Like helping user said you need to contact an attorney as early as possible and explain all the points.
You may be able to prove that the deed was made out illegally and that it should be cancelled.
You may be able to prove that the deed was made out illegally and that it should be cancelled.
my daughter in law is coming up with a quick claim deed dated in 2002 now thart she is trying to sell house to which she had possession of. not owned outright it was in both names at time of divorce and she was given right to live there. here quit claim deed has alterations on the dates, where the two of them should have been grantors theres only john. theres two pages to which one has johns signiture but the notary is on a separate page with two witness f whose writing is not understandable this was done she claims at a prison where john is but its not marked columbia corr or dated and there witnesses would have dc numbers if they were there, there are no dc # or addressess nor does it state correctional inst anywhere. after 5 yrs shes decided to come up with this it was not recorded until 10-13-08 after she recieved ltr from atty stating john wanted his half if house was sold she says its hers.
Hi sandra olin!
Your query has been answered by one of our community members in the given link:
http://www.mortgagefit.com/quitclaim/altered-deed.html#65510
Please take a look. I think it will help you.
Thanks.
Your query has been answered by one of our community members in the given link:
http://www.mortgagefit.com/quitclaim/altered-deed.html#65510
Please take a look. I think it will help you.
Thanks.
my mother sold property to my uncle which my brother never signed because he was in prison at the time there were heirs so a quit claim deed was not legal can I regain my land back