How to Contest a Quit Claim Deed

[rieowen]

My question involves real estate located in the State of: Tennessee

My uncle purchased real estate in Tennessee in 2006, with the Title being in his name. It was understood that my husband and myself would co-own the property. We supplied some of the earnest money and agreed to pay on a monthly basis for our portion of the property. In 2007, a letter was written to this effect and signed by all parties as well as being notarized. Another letter was written in early 2009 again confirming the property to be owned by both parties and stated what our equity was in the property at that time, this document was filed with the county tax assessor. In late 2009 we were compelled to leave Tennessee in search of medical help for our son, with the agreement that the property would be rented out. Within a month, my uncle quit claimed the property to someone else (we just found this out). Taxes have not been paid on the property since we left and the mortgage is still in my uncles name. My uncle died last month (which is when we found out about the quit claim). Since we have quite a bit of equity in the property and it can be verified by his receipt book, how can we contest the validity of the quit claim. (It is not a warranty deed). We are returning to Tennessee to open probate on his estate and wonder if that is where it needs to be addressed. How do we address it as well.
Between our equity and the mortgage it is above the value of the property. My uncle also had no equity in it after the second letter. The property was fully owned by me and my husband and the bank, though his name was on the title. We know that within a week of our leaving he quit claimed the deed.
We are still gathering more information about the situation but we hope to solve this as quickly as possible.

Thanks in advance for any help on this matter.

rieowen

[jk]

Why were you not deeded your interest when you purchased the property?

Depending on what the letters you speak of include, you may have a valid claim for the property. You really need a lawyer to read what you have and see if it is as binding as you believe it to be. Once that is determined, you can make a plan of action of what to do next. You might have to sue your uncles estate. I would expect a suit against his estate from whomever he deeded the property to as well.

[flyingron]

A quit claim makes no representation that the owner has any interest in the property. If you have a previously executed deed, the only thing the uncle can transfer via quit claim is whatever interest he still had.

Anyhow, if someone else thinks they own it, you'll probably need a lawyer to resolve that. Further you're going to have to deal with the various other issues through probate.