Posted on: 21st Oct, 2008 10:10 am
I purchased a house in my name for my mom and her common law husband because I had great credit and they were unable to accept financing. Long story short they told me they were getting their house taken away because of IRS liens. I was given the guilt trip that my mother would be out on the streets and my siblings would have no home. The house was only supposed to be in my name for about 1 year until their situation was over with. They still have the house 2 1/2 years later, my wife and I were threatened until I singed over the quitclaim deed over to them so I couldn't sell the house. I was in fear for my life and under a lot of stress. I obtained the quitclaim deed that was signed and filed, they transfered the deed to my 15year old brother. The loan is still active in my name and they refuse to get the mortgage out of my name. I can't afford a lawyer, can I represent myself in court and file the correct paper to get the deed back? I read that since I am the grantor on loan and the mortgage is still valid I cannot transfer the deed, it's illegal. Also, a minor cannot receive a deed if the loan is paid off. What is the quickest way to get the deed back so I can begin the eviction process and have the mortgage foreclose. I want nothing to do with the house. They apparently have been making the payments late since inception, my credit is ruined.
Hi stressed!
Welcome to forums!
As far as I can understand your situation, you will have to go in for a reverse quitclaim to get back the property. As you have told, I don't think the other party will be reversing the deed in your favor. Moreover they cannot transfer a deed to a 15 year old because he is not an adult.
You can represent yourself in the court and challenge the other party by stating that they have made you quitclaim the property in a wrong/false pretext. You have said that you cannot hire a lawyer but you can easily go in for courthouse facilitators or modest means program. This will help you get a lawyer at a very low rate.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
As far as I can understand your situation, you will have to go in for a reverse quitclaim to get back the property. As you have told, I don't think the other party will be reversing the deed in your favor. Moreover they cannot transfer a deed to a 15 year old because he is not an adult.
You can represent yourself in the court and challenge the other party by stating that they have made you quitclaim the property in a wrong/false pretext. You have said that you cannot hire a lawyer but you can easily go in for courthouse facilitators or modest means program. This will help you get a lawyer at a very low rate.
Feel free to ask if you have further queries.
Sussane
Hi stressed!
Reverse quitclaim is what you need to acquire from them. If they are not ready to reverse the deed in your favor, you should consult a real estate attorney and file a law suit against them.
Thanks.
Reverse quitclaim is what you need to acquire from them. If they are not ready to reverse the deed in your favor, you should consult a real estate attorney and file a law suit against them.
Thanks.
Thanks so...much for sharing your story.my mom as been taken by some people and frauded into a quit claim.now still responiable for the mortage and thier defaulted payments. we are in need of much help and this has been help ful so thank you for sharing... are hope is to regain title and short sale before forcolseure...daughter in need of a break
You are welcome, Guest! :)