QUIT CLAIM DEED SIGNED IN IGNORANCE

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Latest post 08-18-2009 2:21 PM by Drew. 4 replies.
  • 08-18-2009 1:51 AM

    QUIT CLAIM DEED SIGNED IN IGNORANCE

    I purchased a brand new home as a single woman in California. Less than a year later, I married a man who convinced me to move out of state with a plan to eventually live in a "bigger home." He convinced me that selling my home would take a long time. He also claimed that his brother was a real estate investor and would take over my mortgage payments if i just signed a "quit claim deed" over to the brother, and that the brother would change the loan into his name after 3 months. It sounded legitimate and because I had seen all of the different properties the brother had acquired, I only assumed that he knew what he was doing. Eager to start my new married life, I agreed. I signed the quit claim deed and it was recorded in the county's office.

    I moved out of the home and as soon as I did, my life changed for the worse. I had resigned from my job to become a "housewife" at my newlywed husband's request. Before I knew it, we were living from hotel to hotel, i was physically abused and quickly thereafter, abandoned and left homeless. I have no way to contact him or his brother and the last thing I heard by a friend who drove by my home, is that he (the brother) has a mistress living in what was formerly my house.

    I stayed on top of inquiring about the mortgage account since it is still in my name. The brother actually made the first couple of payments in full but made ridiculous partial payments on occasion since then ($60 here, $25 there)

    I am surprised the lender has not contacted me about a foreclosure it has been over 6 months now since it was current. I am desperately working on trying to find the best way to start my life all over. I am employed again and would like to move back in the house if possible and would work on loan modification or some alternative to foreclosure if possible, but NOT if the brother (the grantee) and his mistress can live there practically FREE of charge!

    Is there a way to cancel, revoke, or rescind a quit claim deed? Do i have any recourse given my circumstances? I signed it in ignorance so I am guessing it does not matter.

    I should also mention that I am aware that I will probably have no choice but to suffer the credit consequences of this delinquent mortgage....but even still how long before the brother has to get out of the house, or will he at all?

    Utterly in despair,

  • 08-18-2009 11:27 AM In reply to

    Re: QUIT CLAIM DEED SIGNED IN IGNORANCE

    I'm sorry, but you had an obligation to understand what you were signing. Did you make ANY effort to find out what the document actually meant?

    IF the other party is a licensed real estate broker you *might* have some action against hime for fraud.

  • 08-18-2009 1:02 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,303

    Re: QUIT CLAIM DEED SIGNED IN IGNORANCE

    You in essence signed your life away--you gave up ownership of your home and you kept the debt----you got conned or worse! Brother gets to abuse it for a good while longer!

     

    Whether to just walk away from the debt which I suspect is NONrecourse is something you should discuss with paid counsel darn soon.



  • 08-18-2009 1:43 PM In reply to

    Re: QUIT CLAIM DEED SIGNED IN IGNORANCE

    I agree; I'd get an aggressive attorney asap.  Perhaps..maybe...he/she can find a way out of this due to fraud or breach of contract but don't get your hopes up.

  • 08-18-2009 2:21 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,303

    Re: QUIT CLAIM DEED SIGNED IN IGNORANCE

    Failure of consideration might also be an issue but I'll bet you don't have it in writing that he must convert financing to his name in 3 months?

     

     



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