Posted on: 30th Apr, 2009 12:38 pm
My mother and father had quit-claimed their home to me in October of 2007 but never recorded it with the county because they had changed their minds.
Due to other difficulties, their home has now been foreclosed upon this year, 2009. My mother came across the quit claim and was wondering if she should record it or not. Would this be considered a fraudulent act? Or is the quit-claim valid since it was done so long ago?
Due to other difficulties, their home has now been foreclosed upon this year, 2009. My mother came across the quit claim and was wondering if she should record it or not. Would this be considered a fraudulent act? Or is the quit-claim valid since it was done so long ago?
Hi CrisantemaJ!
Welcome to forums!
The quitclaim deed is not valid if it is not recorded at the county recorder's office. Yes, if your mother tries to record it now, it will be considered as a fraudulent activity.
Sussane
Welcome to forums!
The quitclaim deed is not valid if it is not recorded at the county recorder's office. Yes, if your mother tries to record it now, it will be considered as a fraudulent activity.
Sussane
A deed does not have to be recorded to be valid. You can record it any time. However, it will not affect your foreclosure, since most mortgages have a due on sale clause that calls for full payment of the loan on transfer. Since a foreclosure also calls for full payment, you will not escape foreclosure by filing the deed.
i'm so glad to hear the voice of reason has made a return. joshua, we've needed your expertise more than you can imagine. we have a ton of folk who are pretty clueless about the laws as they pertain to ownership, transfers, etc.
welcome back!
welcome back!
