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  1. #1
    Join Date
    Jul 2006
    Posts
    8

    Default Rights from an Unrecorded Quit Claim Deed

    In 1996 I bought a house. I was the primary signer on the loan and my boyfriend's grandfather was the co-borrower. In late 96 my boyfriend and I got married and in 97 divorced. I could not afford the house on my own (I was young and dumb at 21). My attorney advised that I sign a Quit Claim Deed to the Grandfather. I did and a few years ago I found out that my credit was dinged b/c my ex-mother-in-law lives in the house and was late on a few payments (her father is the grandgather that I signed the QC deed over to).

    I then did some research and found out that the Quit Claim Deed was never filed and the loan is still in my name. I called my ex-relatives about this matter and they don't know where the Deed is. They told me that they want to sell the house, so they have asked for me to sign another Quit Claim Deed. I have suffered financially b/c of this deed and I would rather not sign another.

    Can I sell the house? What consent do I need from the Grandfather being that he is the co-borrower? In the Divorce Decree there is no mention of the house.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,899

    Default Re: Unrecorded Quit Claim Deed

    In what state?

  3. #3
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Unrecorded Quit Claim Deed

    Quote Quoting TMG
    In 1996 I bought a house. I was the primary signer on the loan and my boyfriend's grandfather was the co-borrower. In late 96 my boyfriend and I got married and in 97 divorced. I could not afford the house on my own (I was young and dumb at 21). My attorney advised that I sign a Quit Claim Deed to the Grandfather. I did and a few years ago I found out that my credit was dinged b/c my ex-mother-in-law lives in the house and was late on a few payments (her father is the grandgather that I signed the QC deed over to).

    I then did some research and found out that the Quit Claim Deed was never filed and the loan is still in my name. I called my ex-relatives about this matter and they don't know where the Deed is. They told me that they want to sell the house, so they have asked for me to sign another Quit Claim Deed. I have suffered financially b/c of this deed and I would rather not sign another.

    Can I sell the house? What consent do I need from the Grandfather being that he is the co-borrower? In the Divorce Decree there is no mention of the house.

    My response:

    Forgetting about the loan/mortgage papers for right now, tell me whose name(s) are CURRENTLY on the "ownership" title (Deed of Trust)? Yours alone, or yours and someone else?

    IAAL

  4. #4
    Join Date
    Jul 2006
    Posts
    8

    Default Re: Unrecorded Quit Claim Deed

    I'm not sure whose name is on the Deed of Trust. How would I found that out? The house is in Oklahoma.

  5. #5
    Join Date
    Jul 2006
    Posts
    8

    Default Re: Unrecorded Quit Claim Deed

    I did send a letter to the Bank stating that I wanted to be removed from the Deed of Trust. They responded back saying that if I wanted to be released of liability from the obligation to pay the NOTE, the grandfather must credit qualify and assume the loan or pay the loan off.

  6. #6

    Default Re: Unrecorded Quit Claim Deed

    Quote Quoting TMG
    I did send a letter to the Bank stating that I wanted to be removed from the Deed of Trust. They responded back saying that if I wanted to be released of liability from the obligation to pay the NOTE, the grandfather must credit qualify and assume the loan or pay the loan off.

    That would be the one. Even if the deed had been properly recorded, you would still have been responsible for the mortgage payment because they are two separate matters. Whether you can sell the home without grandpa will depend on the way the deed is written up.

  7. #7
    Join Date
    Jul 2006
    Posts
    8

    Default Re: Unrecorded Quit Claim Deed

    Would I do this by calling the Bank and asking for a copy of the deed to find out the way it was written?

  8. #8
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Unrecorded Quit Claim Deed

    Quote Quoting TMG
    Would I do this by calling the Bank and asking for a copy of the deed to find out the way it was written?

    My response:

    Yes, or you can make a personal visit. Either way, you need a copy. If the Deed is in your name only, then start the eviction process to get her, and anyone else, out of the house. Then, you can sell it.

    IAAL

  9. #9
    Join Date
    Jul 2006
    Posts
    8

    Default Re: Unrecorded Quit Claim Deed

    My last question, what if the grandfather's name is on the deed? (I currently live in Colorado so a personal visit may not happen as soon as I would like.)

  10. #10
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Unrecorded Quit Claim Deed

    Quote Quoting TMG
    My last question, what if the grandfather's name is on the deed? (I currently live in Colorado so a personal visit may not happen as soon as I would like.)

    My response:

    Then, it would depend if there's an "or" between the names. If there is, then you can still accomplish an eviction. If there's an "and", then unless you and gramps are together on an eviction and eventual sale, then nothing is going to happen.

    At that point, all you'll be able to do is sue Gramps for "partition" if he refuses to buy out your share voluntarily.

    IAAL

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