Posted on: 07th Feb, 2008 12:25 pm
Someone Qut Claim Deeded a property to me and I was unaware of this and did not agree to it until after the fact when I was notified. I do not want this property, back taxes are owed on it, there is no insurance on it and it is being rented out. On the deed, the attorney who prepared it said i gave consideration of $10 and that never happened. No consideration was given, no notice was given to grantee by grantor. Can this transaction be considered null and void and is there a liability of stating considration was given when it was not. I do not want ownership or responsibility on this property. What can I do? Can this just happen and you can deed a property to ANYONE without their knowledge?
Hi Kellye.
Welcome to the forum.
In some states, grantee's signature is not needed but generally grantee pays the notary fees and recording fees. So has it been notarized and recorded in the county recorder's office? If not then this is not a valid deed
Feel free to ask if you have any further questions.
Thanks.
Larry
Welcome to the forum.
In some states, grantee's signature is not needed but generally grantee pays the notary fees and recording fees. So has it been notarized and recorded in the county recorder's office? If not then this is not a valid deed
Feel free to ask if you have any further questions.
Thanks.
Larry
yes, all fees were paid and it has been filed, both by the grantor. I want to know specifically about the "consideration" that is required to bind the "contract". This was all done behind my back. an attorney did them a favor
No, one cannot deed a property to another person without his/her knowledge. But I'm surprised that the attorney has prepared the deed such that you have given a consideration which isn't true. Was the deed signed by a notary public? I doubt there's something with the attorney too.
I think there is a chance to declare the deed null and void even though it has been recorded. But you'll have to take some legal action and prove that you have been handed over the title to the property without your knowledge.
Take Care
I think there is a chance to declare the deed null and void even though it has been recorded. But you'll have to take some legal action and prove that you have been handed over the title to the property without your knowledge.
Take Care
Yes, it was notarized by the attorney, witnessed by the attorney and prepared by the attorney. are you familiar with florida real estate law and where were you able to determine/identify that you can not deed a property without someones knowledge, I have been looking EVERYWHERE for those "rules" and cant find anything....
Great feedback I am getting, very helpful. jheard, is the "delivering" to the grantee state regulated or is this a florida specific rule/law? Any idea on a site that can provide additional info on FL law as it relates to Quit Claim Deeds and real estate law for FL?
thanks to everyone!
thanks to everyone!
Welcome back kellye,
"Delivering" to the grantee is something which prevails in any state, it is not state specific. In a quitclaim transfr, the person giving away property is the grantor and the one who accepst it is the grantee.
Regarding the FL real estate laws, well, I feel you need to contact a real estate attorney there. Didn't get anything substantial for you to bank upon.
"Delivering" to the grantee is something which prevails in any state, it is not state specific. In a quitclaim transfr, the person giving away property is the grantor and the one who accepst it is the grantee.
Regarding the FL real estate laws, well, I feel you need to contact a real estate attorney there. Didn't get anything substantial for you to bank upon.
The delivery requirement is common law, that is, not specific to any state.
Here is the link to Florida property law. It can be pretty technical. Try consulting with a local real estate attorney.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XL#TitleXL
Here is the link to Florida property law. It can be pretty technical. Try consulting with a local real estate attorney.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XL#TitleXL