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  1. #1
    Join Date
    Aug 2005
    Location
    south carolina
    Posts
    2

    Default Quitclaim Mess

    ok...ready for a headache....i know this has given me one

    My wife's grandfather died in 1997. Her grandmother died in 2000. The grandmother had a life estate that consisted of 38 acres and a house, that was set to go back to the grandfathers estate upon her death. In 2001, my wife's mother, aunt and uncle filed quitclaim deeds for their fathers land over to my wife because none of them or the estate could continue to pay the mortgage on the property. This was all done by an attorney that was the former master of equity of the county the property is in. They also signed over their right to administor the mortgage on the land over to myself and my wife. We gave them a chance to pay off the mortgage before we refinanced, but none of them could ever come up with the money to do it. The uncle also signed a rental agreement to live in the house that was on the property. He has never been able to pay the full amount of the monthly payment. Then finally in 2004 a deed of distribution was filed for their fathers estate and we were able to refinance the mortgage. Early this year, we decided to sell part of the land, but cant because the uncle has filed a les penden with the court to stop the sell and have the quitclaim deeds thrown out on the grounds that they were done before the deed of distribution. He has already tried to stop the sell by putting a creditors lein against his fathers estate, but the probate judge threw it out because of statue of limitations as well as the fact that the land had already been removed from the estate on record. At that hearing the uncle did manage to get his sister removed as the execator of the estate and he appointed. The uncle seems to think that now he should have all the land back as well as have my wife and I pay off the mortgage that is now on it and give him $60,000. I guess my questions are...can he get is back since he signed his rights to it away? can he get it all, even though the will only left him 10 acres and the house? does the deed of distribution have to be done before they did the quitclaim deeds? My understanding of a quitclaim deed is that all you are doing is giving up your present and or future rights away to a certain property and can be done at anytime before or after probation of an estate. Please let me know if i am wrong. We have been working with an attorney, but now that it is looking like we may have to go to court he is wanting a retainer that is well above what we can afford at this time. Are we fighting a losing battle? This whole ordeal has ruined our credit because we couldnt sell the land when we needed to do because medical issues. so if we are fighting a losing battle....should we just let the bank take the land in foreclosure? :shock:

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Property Litigation

    Your lawyer is in the best situation to advise you as to the viability of your defense. Given the complexity of the situation, if you want a second opinion you should go to another property law litigator in your state and let him review the relevant documentation and deeds to assist him in forming his opinion.

  3. #3
    Join Date
    Aug 2005
    Location
    south carolina
    Posts
    2

    Default

    thank you for you response. the first lawyer wont return our calls since we cant come up with a retainer even though he initially agree to it being on a contengency basis before they decided to file in another court. we have tried to talk to a few more, but they give us the same answer, no retainer no comment. I am ready to just let the bank have it back and wash my hands of it. life is way to short to fight with those scumbags(the inlaws that is) any more. Thanks again for your fast response

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