My question involves real estate located in the State of: Iowa
Our situation is this: We are currently living in Maine and are looking to purchase a Fannie May home here. Back in 2007, we were under a 6-month contract to purchase a home back in Iowa, however, due to job relocation we did not pursue the purchase and instead remained on as tenants for a total of 16 months (including the 6-months of the contract-to-buy agreement). After we moved out in December 2008, we found out that the couple who owned the home was foreclosing on the house so we contacted our attorney who had us sign a Quit Claim Deed on May 28, 2009. I'm unsure now as to why we signed it when, per the contract-to-buy, we were under no obligation to purchase the house after the initial 6-months had passed and we hadn't secured financing to do so. Anyways, our attorney sent the Quit Claim Deed to the other parties attorney on June 3, 2009. The attorney for the other couple, however, held onto the paperwork and never submitted it to the court for recording until October 28, 2010. He has now since been dis-barred and is currently serving time in federal prison for fraud along with many other charges. Jump to the great state of Maine and our attempt to purchase this house and when the mortgage company ran a title check, this property came up with our name attached to it showing that we de-deeded the house back to them in October of 2010. Now the mortgage company doesn't want to follow through with the loan. We have contacted our attorney back in Iowa who has agreed to write an affidavit stating what happened with this case and that the other attorney is no longer even practicing. My question is: is there any chance that someone out there is going to look at the date of the legal document we signed, dated and had notarized or is the document that was presented to the Recorders Office going to take precedence? Is there ANY way of having the Recorder for that county use the date we signed on the notarized paper?? Do they ever "change" dates??????
*It should be noted that although the couple had begun the necessary work to foreclose on the home, after contacting the County Attorney we learned that they, in fact, did not foreclose on the property and are actually currently living in the home.