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  1. #1

    Default Re: Quitclaim Overturned Due to Duress

    Yes, that is a correct. An attorney was not present, but the document did allow me to make such a legal transfer. In other words, it was legal, my mother knew about it and so did my family, and they did nothing about it for 2 years. Then bam, when I'm long gone and unreachable, it goes to court with a default judgement because I'm a no-show and was never notified.

    More than 30 days have passed, and I did not find out about it until much later. While under my ownership, I made several upgrades/repairs to the house, the utilities were all in my name, and my mom didn't have to do anything but rest and stay comfortable. When I was out of the picture, my sister made any utility payments under my name with my account numbers and drained my bank account while I was incarcerated for alleged assault. When I get out, I find this all out, she even took my computer and phone home to her house and logged into my E-mail account (gmail) and facebook, and deleted a bunch of stuff and blocked certain people. Thanks to Google, it identified her IP address and devices, and location, so I know it was her. But, it just sucks. There must be some kind of option, I would hope, and I'm certainly willing to spend anywhere from 10,000 to 30,000 to resolve this issue, as I guess once I start the process it'll likely go to trial? I don't know the law that well.

  2. #2
    Join Date
    Oct 2016
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    4,301

    Default Re: Quitclaim Overturned Due to Duress

    Were you convicted of the crime?

    When did you find out all of the civil actions for the property had happened?

  3. #3
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Quitclaim Overturned Due to Duress

    And now you're in HI trying to go after the state for other issues revolving around disability and malpractice? You're quite busy and you get around.

    None of this makes a whole lot of sense.

  4. #4

    Default Re: Quitclaim Overturned Due to Duress

    [re]
    Were you convicted of the crime?

    When did you find out all of the civil actions for the property had happened?
    [/re]

    No, it was not a crime, regarding the deed/transfer/quitclaim. I wasn't charged nor were charges filed regarding that. It all happened after the fact, when my schizoid brother jumped at me and I pushed him away and he considered that assault and had me arrested. Then the s hit the fan, so to speak, and my sister and brother jumped all over me while I was incarcerated. They both sent so many letters to the prosecuting attorney that he became irritated.

    I have just found out, and now I'm wondering how I should pursue it. Obviously a lawyer, but I did not want to waste my time and money going through this all if I don't have a much chance of over turning the reversal.

    Quote Quoting flyingron
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    No, it doesn't allow you to either self-deal or act against against the will or best interests of the person who granted it. Washington follows the Uniform Power of Attorney act as embodied in RCW 11.125. If this was deemed an abuse of the POA, they indeed didn't need to involve you in undoing it.

    You made what appears to be a bad POA, acted improperly under the POA, and failed to have a valid contract for the other things you did. Now you're paying the price. You should have had an attorney then, you'll need one now if you want to press the issue.
    It wasn't a self deal, my mother was present and witnessed the whole transaction. If she did not want this to occur, then it would not have. I made sure it was all done legally, certified, notarized, and filed with the county recorder. My mother was in poor physical shape and it was too stressful to drive and move her around, so I brought a notary to the house. It only became an issue once my brother and sister flipped out 2 years after the transfer.

    Quote Quoting Mark47n
    View Post
    And now you're in HI trying to go after the state for other issues revolving around disability and malpractice? You're quite busy and you get around.

    None of this makes a whole lot of sense.
    Not to you. Please don't make assumptions and jump to conclusions. This is also off-topic and a unrelated matter. You should know better.

  5. #5
    Join Date
    Apr 2018
    Posts
    100

    Default Re: Quitclaim Overturned Due to Duress

    It wasn't a self deal, my mother was present and witnessed the whole transaction.
    Anytime a holder of a power of attorney deeds property to him/herself, it is a self deal. If your mother was present, why did she not sign the deed herself?

  6. #6
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Quitclaim Overturned Due to Duress

    Not to you. Please don't make assumptions and jump to conclusions. This is also off-topic and a unrelated matter. You should know better.
    As noted in the other post, my cross-post is intentional to demonstrate a degree of dissonance between your posts that contradict the plausibility of your OP. So, the cross-post is absolutely relevant.

  7. #7

    Default Re: Quitclaim Overturned Due to Duress

    It is irrelevant and you used information as misinformation and then personally attacked me when you yourself don't know the full details. I only made a summary, there was no need to establish more details as it will add to confusion.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
    View Post
    It is irrelevant and you used information as misinformation and then personally attacked me when you yourself don't know the full details. I only made a summary, there was no need to establish more details as it will add to confusion.
    So, why didn’t your mother sign the deed transferring the property to you? As flyingron stated, self dealing is a huge red flag and makes the transaction suspect. Using a poa to transfer assets from the principal to the agent is self dealing regardless Of the circumstances. Any action taken by the agent for their own interest is self dealing.



    you made a statement in your first post that is confusing:


    purchased my mothers home but she ended up having a massive stroke and brain aneurysm. She recovered some, but is fully disabled (can't walk) but she gets around with a wheel chair and uses a computer, writes emails, etc. Anyway, the transaction was done before her medical problems, and the deed was transferred after using a Power of Attorney.



    what do you mean the transaction was done before her medical problems but the deed was transferred after


    The execution and delivery of a deed is what transfers title to property. The delivery of the deed is the transaction used to transfer title. If the deed was not delivered to you until after her medical issues, then the transaction was not completed until after her medical issues. . Since you state you used the power of the poa to transfer the property I’m guessing the execution and delivery of the deed was done after her medical issues. That makes the transaction highly suspect and could be the basis for a rescission of the deed.



    you also made another very odd statement in your first post:

    [QUOTEMy mother signed off on the PoA, fully coherent and under no duress with a notary public present so that I would assume her assets but let her live and stay in her own house with full time care (I was the one taking care of her). [/QUOTE]

    a poa does not allow the agent to assume assets of the principal. It allows them to take whatever actions described in the poa on behalf od the principal. Your statement is very odd and suggestive of not understanding the powers afforded an agent of a poa. You also don’t need a poa to take care of your mother. It can make some issues simpler or easier but especially since you claim she is mentally competent, it doesn’t sound like it was necessary at all.

    if you hope to reverse the courts ruling you really need the aid of an attorney. Obviously your first fight would be to seek to,have the courts,order set aside. Then if the plaintiff chooses to continue the fight, you would have to defend the claim of an improper use of,the poa.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
    View Post
    Yes, that is a correct. An attorney was not present, but the document did allow me to make such a legal transfer. In other words, it was legal, my mother knew about it and so did my family, and they did nothing about it for 2 years. Then bam, when I'm long gone and unreachable, it goes to court with a default judgement because I'm a no-show and was never notified.
    No, it doesn't allow you to either self-deal or act against against the will or best interests of the person who granted it. Washington follows the Uniform Power of Attorney act as embodied in RCW 11.125. If this was deemed an abuse of the POA, they indeed didn't need to involve you in undoing it.

    You made what appears to be a bad POA, acted improperly under the POA, and failed to have a valid contract for the other things you did. Now you're paying the price. You should have had an attorney then, you'll need one now if you want to press the issue.

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