Posted on: 05th Apr, 2013 10:20 pm
i live in ma. about 5 yrs ago my name was on the deed for the house where my mom lived. 4 yrs ago she went through some really tough financial times and had to file bankruptcy. her ex-husband at the time helped by paying off the remainder of the mortgage on the house. however, he then started to put pressure on her to sign the house over to him. i refused, but she convinced me that if i signed it over to her, she would only sign a part of it into his name and remain to be one of the two owners. they were not married anymore, but tried to give their relationship another chance so they lived together (in that house.) so, again, i was against it, but under the impression that the two of them would be co-owners i signed it. one more thing: the document was drawn up by his attorney (which i found out years later, so at the point when i signed it, i thought my mom's lawyer drafted it.) moreover, it was signed by me, and nobody other than my mom were present. no witnesses or notaries... is this then a void quit claim deed?
It doesn't sound like it. All real estate contracts must be in writing to be enforceable, so any verbal promises are not valid. It's just what the deed says. Unless you can prove that they intentionally lied to you at the time you signed in order to get you to sign (fraud), you don't have a case. Consult with a lawyer.
Does the fact that the quit claim deed was signed without witnesses present to confirm my identity and signature make any difference?
Hi zamoley,
Every state has specific laws regarding witnesses. You need to check your state law to confirm whether or not a witness is required while you sign the deed. Contact a real estate attorney and he will help you in this matter.
Thanks
Every state has specific laws regarding witnesses. You need to check your state law to confirm whether or not a witness is required while you sign the deed. Contact a real estate attorney and he will help you in this matter.
Thanks