Posted on: 04th Jan, 2008 11:36 am
my mother years ago filed a quit claim deed with my brother
as grantee. my brother is no longer able to take ownership
if my mohter expires due to illness. we found out that the
deed was never recorded in the county recorders office.
my mother had a new quit claim deed naming myself as grantee by her lawyer and it has been properly recorded
through the courts. now my brothers girlfriend has informed us that she has recorded the old quit claim deed today through the courts. which is the valid quit claim deed? do we
have to go to court to prove this? is the latest deed valid since
the first was never filed until after the first one? my brothers
girlfried is a paralegal who recently got in trouble for passing herself a as attorney. she wrote up the orginal and i think
we are in for a court battle.
as grantee. my brother is no longer able to take ownership
if my mohter expires due to illness. we found out that the
deed was never recorded in the county recorders office.
my mother had a new quit claim deed naming myself as grantee by her lawyer and it has been properly recorded
through the courts. now my brothers girlfriend has informed us that she has recorded the old quit claim deed today through the courts. which is the valid quit claim deed? do we
have to go to court to prove this? is the latest deed valid since
the first was never filed until after the first one? my brothers
girlfried is a paralegal who recently got in trouble for passing herself a as attorney. she wrote up the orginal and i think
we are in for a court battle.
Hi,
Welcome to the forum.
If your mother has quitclaimed the property to your brother and it the deed has been now notarized and recorded in the county recorder office, then your mother can't quitclaim it again to you.
Here the question is which deed is valid. So you should go to the County Recorder's office to check which deed is valid and also should consult with an attorney.
Best of luck,
Larry
Welcome to the forum.
If your mother has quitclaimed the property to your brother and it the deed has been now notarized and recorded in the county recorder office, then your mother can't quitclaim it again to you.
Here the question is which deed is valid. So you should go to the County Recorder's office to check which deed is valid and also should consult with an attorney.
Best of luck,
Larry
Thanks for the reply. My Mother has consulted an attorney. She didn't
realize what she was signing years ago being pressured by my Brothers
girlfriend. Who also handled the closing for the mortgage. The girlfriend
was fined by the Supreme Court of Florida on another case for fraud.
Maybe this will help us to let the courts decide....
realize what she was signing years ago being pressured by my Brothers
girlfriend. Who also handled the closing for the mortgage. The girlfriend
was fined by the Supreme Court of Florida on another case for fraud.
Maybe this will help us to let the courts decide....
Hi,
Welcome back,
You can certainly go to the court regarding this. Here you have to prove that the transfer of the deed was invalid or your mother has sign the deed under extreme pressure and you have mentioned that above.
To prove that you should take help from an attorney and you have done it. So you are going in the way :)
Feel free to ask if you have any further questions.
Best of luck,
Larry
Welcome back,
You can certainly go to the court regarding this. Here you have to prove that the transfer of the deed was invalid or your mother has sign the deed under extreme pressure and you have mentioned that above.
To prove that you should take help from an attorney and you have done it. So you are going in the way :)
Feel free to ask if you have any further questions.
Best of luck,
Larry
States vary, but most states now have a first-in-time rule which means that the first to record is the valid deed.
However, there are exceptions, as where, in your case, you had knowledge of the first deed. You may not be a "bona-fide purchaser".
Consult a local real estate attorney immediately.
However, there are exceptions, as where, in your case, you had knowledge of the first deed. You may not be a "bona-fide purchaser".
Consult a local real estate attorney immediately.
Hired the attorney! Thanks.