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  1. #1
    Join Date
    Dec 2008
    Posts
    3

    Default How to Undo a Quit Claim Deed

    My question involves real estate located in the State of: Florida
    Last year my Father passed away, he quit claimed his house to me and my sisters. we have been paying the mortgage for the past year, but have all decided that we can no longer continue, the bank stated that he could not quit claim because of their lien.

    Can we quit claim it back to his estate or directly to the bank. or is there a way to invalidate the quit claim to have it revert back to my fathers name?

    Thank you in advance

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,635

    Default Re: How to Undo a Quit Claim Deed

    If you took the property by quitclaim, it was never part of the estate.

    Why not sell the property?

    Was the estate probated?

  3. #3
    Join Date
    Dec 2008
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    3

    Default Re: How to Undo a Quit Claim Deed

    As i understand it a quit claim is a one party document. we did not have to accept (or sign) anything. There was no estate set up to probate. The Bank said he could not quit claim because of the mortgage. Can we quit to the bank?

    The home is now worth less that the mortgage owed

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,635

    Default Re: How to Undo a Quit Claim Deed

    A deed must be delivered to be effective - I can't simply title property over to you, make you responsible for its upkeep and taxes, and never tell you. I'll assume that you and your siblings knowingly accepted the transfer.

    From what you're saying, the bank has a mortgage that gives it a claim against the property and the estate, but has no further recourse against you and your siblings. If you and your siblings wish to surrender the property to the bank, they will probably be happy to accept a quitclaim from you. In my opinion, they should bear the costs associated with the transfer - it's much cheaper and faster for them than foreclosure.

  5. #5
    Join Date
    Dec 2008
    Posts
    3

    Default Re: How to Undo a Quit Claim Deed

    we have offered to quit it to them, they do not seem interested in the offer. There is a association fee of around 300.00 per month as well as the mortgage.

    The association has stated that they will seek a judgment if we do not continue to pay the fee.

  6. #6
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: How to Undo a Quit Claim Deed

    I would make a trip to the county recorders office to see if in fact the deed was transfered to you and your sisters.

    The Bank said he could not quit claim because of the mortgage.
    They will tell you this but in fact, it sounds like your father did. Their option is to call the note due. Then hand over the deed. No need to try and QC it back to them.
    Not sure why the bank sounds so surprised by the QC transfer...people do it all the time.

  7. #7
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: How to Undo a Quit Claim Deed

    Quote Quoting prankin
    View Post
    we have offered to quit it to them, they do not seem interested in the offer. There is a association fee of around 300.00 per month as well as the mortgage.

    The association has stated that they will seek a judgment if we do not continue to pay the fee.
    Was there money in the estate? Was it not probated bc there was not money? They can sue the estate for the money, but if there is no money, they are out of luck. I would not pay them one more dime.

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