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  1. #11
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,616

    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.
    "Where do those stairs go?"
    "They go up!"

  2. #12

    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.

  3. #13
    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.

  4. #14

    Default Re: Quitclaim Overturned Due to Duress

    I do plan to do just that. It was all done legally, with my mother present. What happened 2 years later was not her doing, but siblings taking action. I will retain a lawyer, but Mark the senior member needs to not jump to conclusions and use personal attacks and tactics. A lot of people have been to jail. Does that make me a criminal? I don't know. I'm not a felon. I'm here seeking answers to legal issues in my life that I'd like resolved. You can walk down the street and accuse someone of a crime, and press charges against them with an officer present. Then they go to jail. That is the country we live in.

    The PoA was written in such a way that allowed for assets and cash to be signed off on with my signature. I did this so that I can take care of my mother, not rob her. I consulted with a lawyer before it was drawn up, and then had it signed and filed legally.

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quitclaim Overturned Due to Duress

    Um, yes, if you have been to jail it does make you a criminal. Jail is where criminals are sent as punishment.

    regardless of the validity of the poa, self dealing is highly suspicious. If your mother was capable of signing a deed, there is no reason you should have used the powers of the poa to sign the deed, especially with you as the grantee. Since she was and apparently is lucid, if she claims the transfer was against her intent, a court would be hard pressed to not rescind it. If you can get the latest courts order set aside you may get a chance to defend your position. I wouldn’t be overly optimistic you will prevail if your mother refutes your claim.

    and if your mother is mentally competent, what happened 2 years later is her doing. No party would have the right to seek the rescission and she would have had to be the plaintiff.

  6. #16

    Default Re: Quitclaim Overturned Due to Duress

    JK, you are ignorant. Jail does not make you a criminal. A felonious record does.

    pwned.

    /jr member

  7. #17
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
    View Post
    JK, you are ignorant. Jail does not make you a criminal. A felonious record does.

    pwned.

    /jr member
    Sorry dude but a person who commits a misdemeanor is also a criminal.

    the definition of a criminal is simply; a person who has committed a crime


    they don’t even have to be prosecuted. They are a criminal simply by the fact the broke the law.

    try using a dictionary once in awhile

    and pwned...really? Not only are you wrong, is leetspeak even in vogue any longer? I haven’t read the term in such a long time.

  8. #18

    Default Re: Quitclaim Overturned Due to Duress

    Really bro? You needn't a Senior badge. Or maybe you do. Here, have mine, if you can catch me. Good god.

    Oh yeah, a criminal is someone who has been prosecuted. Good grief.

  9. #19
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
    View Post
    Really bro? You needn't a Senior badge. Or maybe you do. Here, have mine, if you can catch me. Good god.

    Oh yeah, a criminal is someone who has been prosecuted. Good kgrief.

    criminal
    noun


    Definition of criminal


    1: one who has committed a crime

    Being prosecuted doesn’t alter the fact of whether one has committed a crime. It merely establishes the fact in a court of law.

    have a great night.




  10. #20

    Default Re: Quitclaim Overturned Due to Duress

    You are as ignorant as they come.

    Good luck in your next life, if you believe in that, it may improve your defective judgement.

    Is your definition of breath the same? One who breathes? What if they are forced to breathe? And what are they breathing? Does breathing make you a criminal?

    Seriously.

    Good luck. You'll be back again and again, reincarnation has failed so far.

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