Posted on: 07th Jul, 2007 10:32 am
If I signed a Quitclaim and the person I signed over to was to take over payments and make them for 6 months before he refinanced and took the property over completely and it has been three years and he has not gotten the property into his name does this qualify as having been lied to and would it be possible to get the Quitclaim reversed?
Hi Jaxfam,
Was any written contract made which described that he should refinance within 6 months? If a contract was signed then you can file a lawsuit against him for not following the contract.
Miller
Was any written contract made which described that he should refinance within 6 months? If a contract was signed then you can file a lawsuit against him for not following the contract.
Miller
after the quit claim deed is made house becomes other person's property. it is now for you to prove that he did agree to refinance the mortgage in his name after 6 months.
you will need documentation to prove that he has consented to refinance. only verbal agreement would be very difficult to prove in court.
niicss
you will need documentation to prove that he has consented to refinance. only verbal agreement would be very difficult to prove in court.
niicss
Second question now. What if I find that the quitclaim was never filed with the proper powers that be. Say I signed it 3 years ago and I find he never filed it and now since I have been lied to I want to keep him from being able to file it. What can I do?
Hello Guest,
What you can do is that you may check whether the deed was filed from the county recorder office. If it was not filed then, the deed should be considered nullified. But as I do not have the legal knowledge that a lawyer has, I would suggest that you consult a lawyer to put up a case against the person.
What you can do is that you may check whether the deed was filed from the county recorder office. If it was not filed then, the deed should be considered nullified. But as I do not have the legal knowledge that a lawyer has, I would suggest that you consult a lawyer to put up a case against the person.
Hi,
Do you want to reverse the quitclaim to get back the property? Then you need to find out if the deed was signed by the notary and registered with the County Recorder office as a deed is never authorized without these formalities. Now, a quitclaim authorization term varies from one state to another. For one state it may be three years of term within which the deed is considered authorized. You need to confirm the authorization term of your state. If the person you quitclaimed has not registered within the term period, then the deed will be considered invalid. And you may file a new deed altogether to reverse the quitclaim. But if the other person registers within the term period, then he will be the new grantor of the property and you may not be able to reverse it.
Do you want to reverse the quitclaim to get back the property? Then you need to find out if the deed was signed by the notary and registered with the County Recorder office as a deed is never authorized without these formalities. Now, a quitclaim authorization term varies from one state to another. For one state it may be three years of term within which the deed is considered authorized. You need to confirm the authorization term of your state. If the person you quitclaimed has not registered within the term period, then the deed will be considered invalid. And you may file a new deed altogether to reverse the quitclaim. But if the other person registers within the term period, then he will be the new grantor of the property and you may not be able to reverse it.