Posted on: 12th Nov, 2008 09:44 pm
Hi,
I owned a property and the loan was in my name. After I got married and I got fights with my wife. I had a friend he advised me to transfer/ quit claim the property to his company for safe keeping. I did that without the knowledge that I will lose the ownership of the property. He frauded with me for title of property and now he put me in bad credit situation by not making mortgage payments. I have no control, Property has equity value and the loan is still in my name, I want to get the property back to sell it and get my name out of it. Is there is any way possible I can get it back? Loan is still in my name.
I owned a property and the loan was in my name. After I got married and I got fights with my wife. I had a friend he advised me to transfer/ quit claim the property to his company for safe keeping. I did that without the knowledge that I will lose the ownership of the property. He frauded with me for title of property and now he put me in bad credit situation by not making mortgage payments. I have no control, Property has equity value and the loan is still in my name, I want to get the property back to sell it and get my name out of it. Is there is any way possible I can get it back? Loan is still in my name.
Hi waseemm!
You can ask your friend to reverse quitclaim the property in your name. If he is not ready, then you can file a case against him in the court and prove that he misled you and took away your property. You can also take legal help for that case.
Thanks
You can ask your friend to reverse quitclaim the property in your name. If he is not ready, then you can file a case against him in the court and prove that he misled you and took away your property. You can also take legal help for that case.
Thanks
Well I'm afraid Waseemm, I see very little chances of your getting back the property. Only if you can prove in court that you have been defrauded by the friend, you can perhaps get back your property. But in the meantime, have a talk with the mortgage lender as to what you've been through. Explain him the entire situation and negotiate with him so that at least you can make the payments and get out of the bad credit situation you're in.
Good luck
Good luck
Consult with a real estate attorney. You may get a court order for return of the property based on "constructive trust". That is where your friend was holding the property on your behalf as if you had put it in a trust.
My gosh, I am in the same situation. Is there anyone who know what the outcome of this type of case. The fact that quit claim is notarized document, how can one to prove that it was forged signature or actually did put in as a trust. ANyone with experience of outcome, please responde.
Hi anon!
You will first have to match the signatures of the original owner and the person who forged the signature. After this, if you find the signatures are forged, then you need to consult an attorney and file a case against the person.
Thanks,
Jerry
You will first have to match the signatures of the original owner and the person who forged the signature. After this, if you find the signatures are forged, then you need to consult an attorney and file a case against the person.
Thanks,
Jerry