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  1. #1
    Join Date
    May 2013
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    2

    Default Title Clouded by a Quit Claim Deed Made After Prior Transfer

    My question involves real estate located in the State of: Florida
    My late husband left some property to his two sons (50/50), one from our marriage and one from his previous marriage. His ex wife signed over all her rights and title through an 'Assignment' to this property when they divorced in 2001. In 2008 she executed a quit claim deed signing the property over to her son, fraudulently since she had given up her rights to this property. Now the two sons aren't speaking and want to sell the property but I've been told it will cost approximately $1500 to get a clean title. Meanwhile, I'm afraid they'll sell the property to a family member or something will happen whereas my son won't have any recourse. I'm not sure how to proceed. Should I hire an attorney to get a clean title and, in turn, sue her for attorney fees.
    The correct warranty deed, in accordance with the will, has been recorded at the Clerk's office, so there's lots of conflicting paperwork on file.
    Her son is now contacting me through email stating the property was erroneously recorded as 75/25 and he has hired an attorney to rectify this. Asking for my son's address so he can send him something to sign so it's recorded properly. Of course, we're not going to sign anything.
    Hope this wasn't too confusing.
    Thanks you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Fraud Quit Claim

    Have your son consult a lawyer. The transfer for the divorce should have been recorded. There's no such thing as a "fraudulent" quit claim. The quit claim only transfers whatever interest the person has without making any representations as to what that is. If she had no rights to the property, nothing was transferred. The first step would be a title search on the existing recorded deeds to determine what is in effect. Then if your son feels a correction is needed, that can be done.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fraud Quit Claim

    . His ex wife signed over all her rights and title through an 'Assignment' to this property when they divorced in 2001.
    who was on the title when this took place? If she was on the title, she had to execute a deed. Even if she was not legally on title, a quit claim deed would likely have been appropriate to ensure she was releasing all rights to the property.



    In 2008 she executed a quit claim deed signing the property over to her son, fraudulently since she had given up her rights to this property.
    No, she didn't. She executed a QC deed transferring any interest she held at the time to the grantee. If the prior assignment was effective, the QC deed transferred nothing at all.



    .
    Should I hire an attorney to get a clean title and, in turn, sue her for attorney fees
    .unless your son is a minor, you shouldn't do anything in the official sense. If you want to pay for an attorney for your son, that is up to you.



    Her son is now contacting me through email stating the property was erroneously recorded as 75/25 and he has hired an attorney to rectify this.
    what erroneously recorded the property split as 75/25 and to whom was each share granted?

  4. #4
    Join Date
    May 2013
    Posts
    2

    Default Re: Fraud Quit Claim

    Quote Quoting jk
    View Post
    who was on the title when this took place? If she was on the title, she had to execute a deed. Even if she was not legally on title, a quit claim deed would likely have been appropriate to ensure she was releasing all rights to the property.



    No, she didn't. She executed a QC deed transferring any interest she held at the time to the grantee. If the prior assignment was effective, the QC deed transferred nothing at all.



    ..unless your son is a minor, you shouldn't do anything in the official sense. If you want to pay for an attorney for your son, that is up to you.



    what erroneously recorded the property split as 75/25 and to whom was each share granted?
    Actually, I really have no idea what he's referring to. He says he's contacted an attorney to get the ownership in line with the will 50/50, he says because it is currently at 75/25, in his favor. I see nothing in the clerk's electronic file stating 75/25. I think he's trying to get my son's signature...can't be sure. I guess what I don't understand is their motivation for executing it to begin with. Especially since, according to what I've read above, she's actually transferring zero interest, because that's what she has. They're not ignorant folks.

    - - - Updated - - -

    Thanks much to all who took the time to respond!!!

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fraud Quit Claim

    I see no reason your son should sign anything. Since he is one owner of the property, he or the other tenant should also have the original deed transferring title to him and the other tenant. It is easy enough to read it to determine how the interest is split.

    If the other guy believes he is holding more interest than he was supposed to, he can do any of a couple things. The simplest would be to deed his excess interest to your son. That would mean he would deed 1/3 of his interest to your son. Then both would have a 50% interest in the property. Check into tax issues before you do that though. Without knowing the value of the property, it may or may not cause a tax liability on one or the other party.


    and to selling the property to somebody else; since your son owns some share of the property, the other guy cannot sell your son's interest without his approval. Maybe that is what they want the signature for.

    - - - Updated - - -

    I see no reason your son should sign anything. Since he is one owner of the property, he or the other tenant should also have the original deed transferring title to him and the other tenant. It is easy enough to read it to determine how the interest is split.

    If the other guy believes he is holding more interest than he was supposed to, he can do any of a couple things. The simplest would be to deed his excess interest to your son. That would mean he would deed 1/3 of his interest to your son. Then both would have a 50% interest in the property. Check into tax issues before you do that though. Without knowing the value of the property, it may or may not cause a tax liability on one or the other party.


    and to selling the property to somebody else; since your son owns some share of the property, the other guy cannot sell your son's interest without his approval. Maybe that is what they want the signature for.

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