HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-25-2008, 06:49 PM
Junior Member
 
Join Date: Oct 2008
Posts: 1

quit claim deed-CA


My husband and his sister jointly owned our current home prior to our marriage. In 1975, a quit claim deed was accomplished by them, removing her name from the home. In 1980, a quit claim deed was filed adding my name to the home, thus making the home our joint property. Fast forward to present day. My husband has since become permanently disabled, and i am attempting to refinance our home. I have durable power of attorney.
While in the process of my loan application, the loan officer has informed me that my husbands sister is still on the title of our home. The loan officer states that there is no record of the quit claim deed being filed in 1975, as i sit here with the original notarized form that states date time and place it was recorded.
Is it possible for her to have been placed back on the title of our home without my knowledge because after some searching, i have found a "reconveyance" involving the two of them as recent as 2004....what is that? The odd thing is that she has remarried multiple times, yet the name she used in 2004 is not her current name, but it is the same name used when she was on the title of our home.
Basically i would like to know if it is possible for someone to make changes to or anything else for that matter to our property without BOTH of our consent?
How can i obtain information regarding my husbands "secret" financial dealings?What is the name of your state (only U.S. law)?
Reply With Quote
  #2  
Old 10-25-2008, 09:50 PM
Senior Member
 
Join Date: Feb 2007
Posts: 5,487
Now you realize how poor quit claims are and why you should always get owners title insurance when acquiring property.

It's possible your husband quit claimed back to her, but the validity of that is suspect even if it occurred. However, any such filing won't erase the previous recordings. You should get the title searched which will indicate all the deeds that have happened over time. It's probably worth having a lawyer straighten this mess out for you.
Reply With Quote
  #3  
Old 10-25-2008, 10:00 PM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 7,355
Quote:
Originally Posted by osuziqgoodrich@ View Post
The loan officer states that there is no record of the quit claim deed being filed in 1975, as i sit here with the original notarized form that states date time and place it was recorded.
)?
then check the county recorders office to verify it was recorded. Mistakes have been made before.

to the re-deeding back to the sister; who is/are the grantor(s) and who is/are the grantee(s)? You also do not state how title is/was held when the quit claim to you was effected. Not that it would neccessarily make a difference in your situation, it could change how title is now held and subsequently affect any rights of survivorship that you may have had should your husband die.
__________________
My advice to you is to ignore my advice.
Reply With Quote
  #4  
Old 10-28-2008, 12:31 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 71,453
Quote:
Originally Posted by osuziqgoodrich@ View Post
My husband and his sister jointly owned our current home prior to our marriage. In 1975, a quit claim deed was accomplished by them, removing her name from the home. In 1980, a quit claim deed was filed adding my name to the home, thus making the home our joint property. Fast forward to present day. My husband has since become permanently disabled, and i am attempting to refinance our home. I have durable power of attorney.
While in the process of my loan application, the loan officer has informed me that my husbands sister is still on the title of our home. The loan officer states that there is no record of the quit claim deed being filed in 1975, as i sit here with the original notarized form that states date time and place it was recorded.
Is it possible for her to have been placed back on the title of our home without my knowledge because after some searching, i have found a "reconveyance" involving the two of them as recent as 2004....what is that? The odd thing is that she has remarried multiple times, yet the name she used in 2004 is not her current name, but it is the same name used when she was on the title of our home.
Basically i would like to know if it is possible for someone to make changes to or anything else for that matter to our property without BOTH of our consent?
How can i obtain information regarding my husbands "secret" financial dealings?What is the name of your state (only U.S. law)?
**A: get a current title report and post back.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 12:04 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.