Posted on: 10th Jan, 2009 08:09 pm
my wife signed a quit claim deed back in dec 09. on the letter, the document read " upon receipt of the signed document" (certified mail) the proceeds, approximately $4000, would be mailed. thirty days has passed and the monies has not been recieved. i would like to write a letter (certified) stating that if the monies are not recieved three days after the certified letter that i send and has been recieved and signed (green return card given by post office), the quit claim deed would be null and void. is that correct and can that void the quit claim? more information, deed signed 12/15 and i would believe "upon reciept" indicates the 16th, the check would have been mailed or somewhere in the vincinity of a week or so. do you agree? on jan 8th, i spoke with the family member who was suppose to send the monies thru her attorney and she said the bank had not decided yet. well, i'm thinking, according to the quit claim deed signed, there was no mention that a bank was involved but the money would be recieved " upon receipt of the signed document" (certified mail). your suggestion would be greatly appreciated.
I don't think you can declare the quitclaim as null and void because you didn't include this in the quitclaim document. Your wife is supposed to pay you right after receiving the deed, that is, any time after she receives the deed. So, yes, it can be on the 16th as well. But it shouldn't be late enough.
Where does the bank come in here? it wasn't involved in the agreement. You can at the best involve an attorney here and send her a legal notice asking her to pay off the amount as promised.
Where does the bank come in here? it wasn't involved in the agreement. You can at the best involve an attorney here and send her a legal notice asking her to pay off the amount as promised.