How to fix QUITCLAIM DEED ERROR

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Latest post 03-08-2011 4:22 PM by LynnMom. 9 replies.
  • 03-07-2011 8:36 PM

    • LynnMom
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    How to fix QUITCLAIM DEED ERROR

    There was a trust created 12 years ago and 2 QuitClaim Deeds were provided to the clerk.

    One to give property from One Person to their children and the second to put it into a Family trust.

    They got entered backwards and this is found out many years later when the family wants to sell the property.

    How can this be fixed without going to probate on the siblings who passed away in this case and one sibling is left.

    How can we get the property back into the family trust where it was intended to start with.  ANd I am unclear where the propety technically has been all this time if not in the Trust.. I guess just hanging there or the prior trust is the default place where the property is located?

     

     

  • 03-07-2011 10:19 PM In reply to

    Re: How to fix QUITCLAIM DEED ERROR

    Do you have copies of the deeds in front of you?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-08-2011 3:02 PM In reply to

    • LynnMom
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    Re: How to fix QUITCLAIM DEED ERROR

    yes I do

  • 03-08-2011 3:11 PM In reply to

    • Drew
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    Re: How to fix QUITCLAIM DEED ERROR

    Minus names--give us a darn good sketch of title #1 and #2  and who died  etc --somebody might have some useful clues.  Your short original post is hard to follow.  Usually deeds are  rarely recorded wrong.  Perhaps drafted wrong .



  • 03-08-2011 4:00 PM In reply to

    • LynnMom
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    Re: How to fix QUITCLAIM DEED ERROR

    Ok I will try again

    One quitclaim deed was set to transfer property from Grandmothers Trust in the verbage of from the trustee of the Living Trust (which is eldest child) to the 3 children together.
    Second quitclaim deed was set to transfer the same property in the vergabe of from the 3 children to a new Living Family Trust with the same eldest child as trustee.

    It was supposed to be in that order but the first one was filed 1 minute on the same day after the the second one.

     

    Does this help

  • 03-08-2011 4:04 PM In reply to

    • LynnMom
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    Re: How to fix QUITCLAIM DEED ERROR

    I have no knowledge of who made the error but the times are written in the stamp by the county clerks office.  They do look very similar and you have to really read them to know which is which because the format so close and the names are the same etc. 

  • 03-08-2011 4:12 PM In reply to

    • Drew
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    Re: How to fix QUITCLAIM DEED ERROR

    I'm not sure where the is a problem--explain.--I missed it

     

    Step #1 was a transfer from trust #1 to three persons ABC--whats wrong with that?

     

    Step #2 was a transfer from three persons  ABC to a trust #2 whats wrong with that ? .

    Now I see a sequential error if  #2 was recorded  ahead of #1,  #2 is meaningless if deed sequend matters.  But even then is it not simply a matter of  file a new quit claim  #2  or its equivalent.



  • 03-08-2011 4:14 PM In reply to

    • LynnMom
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    Re: How to fix QUITCLAIM DEED ERROR

    Yes Number 2 was filed before Number 1 by Mistake.

     

    SO what to do?

  • 03-08-2011 4:17 PM In reply to

    • LynnMom
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    Re: How to fix QUITCLAIM DEED ERROR

    Are you saying Since

    #2 was filed first and then #1 then it means we could or could not just file another #2

    and then have it fixed?

  • 03-08-2011 4:22 PM In reply to

    • LynnMom
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    Re: How to fix QUITCLAIM DEED ERROR

    There is no notes or ways to know that sequence mattered except for the lawyer or someone who should have read over the New Trust to see its contents and that it did contain the property. There is a schedule A stating exactly that and repeating that the Property was set aside for the New Family Trust.

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