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  1. #1
    alienlady1785 is offline Junior Member
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    Cool URGENT! Quit Claim Deed SCAM?

    Florida

    Our house burned down 7 months ago. The insurance company is going to take care of paying it off.

    My significant other signed over 1/2 of our house to me over 5 years ago. He owed me over $10,000 at the time and I have since put in close to $30,000 more for serious repairs, roof and necessities for the house (fence... garage...etc.)

    At the time we drew up[ the quit claim deed (Notarized of course) he said not to put in the monetary part... in other words it reads " for the sum of 0 0 dollars...) because he owed me so much and the sum was going to continue to mount for the fixing up the house.

    This deed was recorded at Broward County Courthouse, accepted by the Clerk of the Court as if it were valid.

    WE ARE SEPARATED since the fire!
    I lived in our home and I sunk my entire lifes savings into it because he said we would get it all back once we sold the house. The Insurance co. paid him for the contents of the house (which was 90% mine) I NEVER GOT A DIME.

    He said my quit claim deed is not valid and he is going to sell the house and I can "STICK IT!"

    Did I fall for a Snowjob here? This is the question...

    Is the deed not valid because there is no money exchanged?

    Thanks alienlady

    If NOT VALID... why did the COURT ACCEPT IT? Of course I would never have dished out another dime until a correct one was drawn up!

    I think I got scammed big time here. I am 57 years old and "homeless" now living with my son. Too Old to get the possessions of 30 years of living I lost in the fire and no way to get any money back... I am destitute now and cannot EVEN afford a doctor for my medical problems.... I must sign up with the state for assistance like an IMMIGRANT!

    Thank you for any help I can get.
  2. #2
    nextwife is offline Senior Member
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    Have you contacted the attorney that drafted the QC deed to verfiy the correct legal description was used? Have you gone to your records to pull the copy of the deed that was returned to you after recording by the RODs office? Is it possibly misposted in the public record and therefore not properly showing up in a search of the record? Have you TALKED to the insurance company, provided them a copy of the recorded deed granting you your 50% interest and insisted you be reimbursed for your ownership interest? Have you checked weith the RODs office to see what they are showing in the record? Or asked THE INSURER why they don't consider it valid?

    What have you done to back up your interest claim and show evidence of the 50% transfer to your insurer?

    And most important, WHY have you not retained an attorney?!!!!!!!!!!!!!!!!!!!!!!!!!!
    Last edited by nextwife; 07-28-2004 at 05:05 PM.
  3. #3
    nextwife is offline Senior Member
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    FYI- Broward County public records (including deed copies) may be viewed online at:
    [url]http://www.broward.org/cri03300.htm[/url]

    By the way, has the tax bill been in your and his name up to now?
  4. #4
    alienlady1785 is offline Junior Member
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    Unhappy Is it Legal?

    FLORIDA
    Thank You for such a quick response. Sorry for the confusion.

    The insurance co. is OUT OF THIS!!!! Nothing more can be done there.

    Our tax bills have always been in both names. Insurance ... he took my money and put the insurance in his name only.... I got screwed there... it is a long story but OVER WITH NOW. I am destitue... no money for an attorney.

    He alresdy went thru the $20,000.00. Can't get blood out of a turnip!

    The insurance company has nothing to do with him selling our home. They are NO LONGER in the picture.

    Now he is trying to screw me out of my home and investment.

    Main question... does the fact that there was no money transfrered for the 1/2 interest make a Quit Claim Deed NOT VALID? It is recorded properly at the courthouse. Like I said... taxes (even on line) show BOTH OUR NAMES!

    The deed was done on a legal form from a law class... covered everything... legal description was PERFECTLY ACCURATE and was notarized at a bank... by an officer of the bank... not the used car lot up the street.

    Like I said ... The CLERK of the COURT accepted it and RECORDED it!

    My original burned up in the fire that gutted our home. I have plenty of copies including the one in my TRUST. For $5.00 I can get a certified copy of the deed from the clerk of the court. THAT IS NO PROBLEM!

    My question is the money issue. Is this DEED NOT valid because no money was exchanged?

    That is the only reason I can think of why he would say "his attorney said the deed is not valid."

    If he tries to sell our home and property, and my deed IS VALID, does anyone know if that would qualify as FRAUD and could I take it to a STATE PROSECUTOR?

    Thanks Again Sincerely alienlady
    Last edited by alienlady1785; 07-28-2004 at 05:54 PM.
  5. #5
    nextwife is offline Senior Member
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    Geez Louise! Why are you taking HIS word on anything?

    And if there was a valid deed of record establishing your 50% interest, and the insurance company failed to properly reimburse you for your share, they may NOT be out of it.

    I asked about the deed because that is the document that creates your interest and you need to know what it says. Regardless of the dollar amount on the transfer form, IF you own 50%, you own 50%! Big if. Now, go online to the link I gave you and pull a copy of your deed from the record and see what it says!

    And Stop making excuses why and go GET an attorney.
  6. #6
    nextwife is offline Senior Member
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    Quote Originally Posted by alienlady1785
    The deed was done on a legal form from a law class... covered everything... legal description was PERFECTLY ACCURATE and was notarized at a bank... by an officer of the bank... not the used car lot up the street.
    The notarization has nothing to do with whether a deed is properly drafted or not, it is only a "seal" that assures the person signing IS that person. It may be accurate, but I am trying to figure out why a simple check of the records would not show your ownership interest.
  7. #7
    alienlady1785 is offline Junior Member
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    Cool

    FLORIDA

    I am trying to make this simple... The insurance money is GONE! He got the $20,000.00 ...he spent the $20,000.00! I don't care....

    I cannot afford and WILL NOT HIRE an attorney that will charge me up the ying yang and drag this crap out for years and get a judgement that I can whipe my NOSE with, against a person that will never own another thing of value in his existing life and then I owe THE attorney for accomplishing not a damn thing but putting me in debt for life with HIM, the attorney!

    NOW the question is the house and the deed. The insurance company has nothing to do with this.

    AT THIS POINT and stage of the game....Now he is trying to steal the WHOLE HOUSE by saying (his attorney also) that my deed is not a valid quit claim deed!

    His attorney TOLD ME on the phone the "DEED is WORTHLESS!" They won't tell me WHY!

    *I am asking here, if it might be because we DID NOT exchange any money when he deeded the 1/2 (50%) to me?*

    *The records SHOW I am 1/2 owner. * *Taxes are in BOTH our names.*

    They (the jerk and his attorney) say the deed is not valid. I am trying to find out here.... why it might not be valid...

    Would the clerk of the court accept a deed that is NOT VALID or drafted WRONG? Maybe you can answer that question for me too.

    *Have they been known to do that?*

    *Would the clerk accept a not properly drafted deed and record it?*

    * or do they (the clerks) actually know what they are doing?*

    Someone else told me( just a friend) if there are NO DOLLARS for payment, that could be or make it NOT VALID! They said it has to have at LEAST $1.00 preferably $10.00 to make it legal and binding.

    Another friend tells me... Anyone can give 50% or the whole damn house away with no money received and call it a gift!

    So that is my MAIN questions... Does it need a dollar value in the deed to make it valid? Thanks again nextwife for your help Sincerely alienlady
    Last edited by alienlady1785; 07-28-2004 at 09:44 PM.
  8. #8
    nextwife is offline Senior Member
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    Quote Originally Posted by alienlady1785
    FLORIDA

    I am trying to make this simple... The insurance money is GONE! He got the $20,000.00 ...he spent the $20,000.00!
    I UNDERSTAND what you are saying, However, insurance companies (and I worked for two multinational insurers, one a PMI insurer and one a Title Insurer) are NOT infallable. They do have a financial responsibility if they make a mistake. They question is whether they did.

    Quote Originally Posted by alienlady1785
    I cannot afford and WILL NOT HIRE an attorney .
    If you had used an attorney in the first place and spent the few hundred dollars to do this right, you wouldn't be dealing with this problem now. You are facing a loss of $10,000 or so and don't think it's worth getting professional legal help?


    Quote Originally Posted by alienlady1785
    His attorney TOLD ME on the phone the "DEED is WORTHLESS!" They won't tell me WHY! ....
    Would the clerk of the court accept a deed that is NOT VALID or drafted WRONG? *Have they been known to do that?*

    *Would the clerk accept a not properly drafted deed and record it?*

    Does it need a dollar value in the deed to make it valid?
    WE can't review the documents to tell you why. perhaps the title company that insured your purchase initially would be willing to review the deed for you and just tell you AS A TITLE INSURER if they see any problem with it's validity

    And, YES, I can tell you for certain that lots of recorded documents exist that are legally invalid for any of a variety of reasons. That is one reason why title insurance exists. The clerks office is only a repository for the documents and means of tracking them to the property.

    Have you at least contacted the Insurer and asked WHY they paid out 100% to ex when you have possession of a recorded deed establishing your half interest? And have been paying 50% of property taxes and the municipality shows you as 50% owner? And supplied a copy to them?

    Have them tell you why they aren't recognizing your ownership. And document your interest.

    Stop depending on his attorney to get the info you need.
  9. #9
    alienlady1785 is offline Junior Member
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    FLORIDA

    I sent the INSURANCE a LETTER telling them to PAY HIM ALL THE MONEY as we were facing FORECLOSURE since the insurance company hadn't paid off the house for OVER 5 MONTHS yet and they said it was because they did'nt know what to do about me. I sent them a copy of my QC deed and I sent them an itamized statement showing every item in the house that was mine. $110,000.00 worth of posessions. It was in the hands of their attorney! THEY SAID I WAS HOLDING the money up!

    I SENT THEM A LETTER RELEASING THE MONEY TO HIM because he said he would split it with me. I AM SCREWED... Now, that is over with....done... gone... They are OUT OF THE PICTURE!
    Silly me believed him.

    MY HOME BURNED DOWN! EVERYTHING I ever owned IS GONE! I SLEEP IN A BEDROOM in my sons apt. I was on the floor until a couple of months ago when someone gave me a FOUTON.

    NO ONE is going to GIVE me an attorney of MY VERY OWN. I am 57 years old... injured... just went through Lower Back Surgery 5 weeks ago from an accident that happened OVER a year ago.

    I WILL NEVER WORK AGAIN! There is NO MONEY! There is NOTHING to SELL to get an attorney.

    I just can't believe this.....

    Are you confusing this post with some one elses?

    What pruchase????? Title Insurance Company? He bought the house over 17 years ago. I got the half interest about 5 years ago. Just long enough to wipe out every penny I had.

    I DID NOT PURCHASE ANYTHING! He OWED ME $10,000.00 and he talked me into using my lifes savings into fixing the house!

    WE DID NOT PUT ANY PURCHASE PRICE on the deed. HE GAVE ME 1/2 interest which was to cover my INVESTMENT!

    I said he deeded the house to me using a form we copied from a law class.... It was notarized at a bank... I recorded it at the courthouse.

    I am asking PLEASE... Is there a LAW that says I MUST HAVE a purchase price on the deed? But I guess that does NOT MATTER!

    Since you said there are many reasons the deed could be invalid.... then I might as well roll over and die in a hole... because there is nothing I can do about it if THEY SAY it is not valid! His attorney must know what he is talking about. He is a real estate attorney!

    I can do law work. I know how to file complaints and WITHOUT a FEE. A Motion to Proceed in Former Pauperis has NEVER FAILED to work for me. I have been doing law work (in a para legal sense) for 15 years. and...NOOOOO I do not know anyone that knows deeds from a hill of beans.

    I cannot challenge ANYTHING in court If I do not know where I stand...

    So thank you nextwife for your time.

    Just like the insurance... I got screwed, So... it is OVER WITH... he gets the house! Thanks again Sincerely Alienlady
    Last edited by alienlady1785; 07-29-2004 at 12:13 PM.
  10. #10
    gryndor is offline Member
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    Good Lord Lady,

    You sound about as bitter and hostile as humanly possible. You are barking at the wrong people here and they are doing the best they can to answer your questions in a complex situation. They are not mind readers and have to take you at your word. However, there are about a million other factors that could sway matters considerably, but you just come back to bark at the people trying to help.

    Don't get me wrong... It's not like I don't sympathize with your situation... My mom (in the course of three months) had her house burn down, was diagnosed with breast cancer the next day, then her husband (my dad) left her for another woman, because she was "damaged goods." He took all the insurance money from their account and disapeared.

    She has rebuilt her life from square one late in life. She is not bitter or jaded and certainly would not rip off some stranger's head for not giving her the answers the wanted/needed to hear.

    I guess that was just my 2 cents,
    Gryn
  11. #11
    alienlady1785 is offline Junior Member
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    I apologize to everyone....

    I am in too much pain to deal with this situation....

    I am not on "Happy Pills" for my back surgery... botched of course!

    Sorry about your mother... Good for her for starting over. I will not be that fortunate.

    I GIVE UP! Thanks for trying Sincerely alienlady

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