Deed mistake

[ozbodkins]

Wisconsin

- Last year my name was recorded as a Grantee on a Quitclaim Deed in Wisconsin without my consent. I never signed anything, was not notified and had no knowledge that this happened until last week.

- Our elderly stepmother had mistakenly included me on the quitclaim with two siblings that had loaned our parents various amounts of money over the years. They actually owed me nothing. I never wanted any interest in this property and would like to remove my name asap without further claims or liability.

- This quitclaim was not even a gift. Grantees are listed as "tenants in common" and there is no life estate or anything else.

- I know very little about the property except that it is a vacant or nearly vacant piece of land somewhere in Delafield and is rumored to be worth something like 81 thousand. In todays depressed market who knows.

- Can we file an Affidavit Of Correction? The are no loans or liens and I would not be selling my "interest" but just removing my name and leaving remaining grantees there, releasing them from any claims by me for NO consideration?

- I fear that merely quitclaiming my "share" back to the remaining Grantees would look like a gift or sale, thereby subjecting me to possible taxes or other consequences from something in which I in no way gained.

In either case, I can get the cooperation of the other parties including the drafting stepmother.


- Again, I never consented, had no knowledge, and can't afford to be responsible for something I did not want and is not, rightfully mine.


Thanks

 

[HomeGuru]

Wisconsin

- Last year my name was recorded as a Grantee on a Quitclaim Deed in Wisconsin without my consent. I never signed anything, was not notified and had no knowledge that this happened until last week.

- Our elderly stepmother had mistakenly included me on the quitclaim with two siblings that had loaned our parents various amounts of money over the years. They actually owed me nothing. I never wanted any interest in this property and would like to remove my name asap without further claims or liability.

- This quitclaim was not even a gift. Grantees are listed as "tenants in common" and there is no life estate or anything else.

- I know very little about the property except that it is a vacant or nearly vacant piece of land somewhere in Delafield and is rumored to be worth something like 81 thousand. In todays depressed market who knows.

- Can we file an Affidavit Of Correction? The are no loans or liens and I would not be selling my "interest" but just removing my name and leaving remaining grantees there, releasing them from any claims by me for NO consideration?

- I fear that merely quitclaiming my "share" back to the remaining Grantees would look like a gift or sale, thereby subjecting me to possible taxes or other consequences from something in which I in no way gained.

In either case, I can get the cooperation of the other parties including the drafting stepmother.


- Again, I never consented, had no knowledge, and can't afford to be responsible for something I did not want and is not, rightfully mine.


Thanks

**A: no****************************

 

[ozbodkins]

no********?

**A: no****************************

I'm sorry, I don't know what this means. I didn't think I was asking a YES or NO question.

 

[ShyCat]

I didn't think I was asking a YES or NO question.

You don't remember what you asked? You asked:

- Can we file an Affidavit Of Correction? The are no loans or liens and I would not be selling my "interest" but just removing my name and leaving remaining grantees there, releasing them from any claims by me for NO consideration?

 

[ozbodkins]

Possible Solutions?

You don't remember what you asked? You asked:

Was hoping if not that - someone might suggest some other possible options to accomplish the same effect. It would be helpful if I know what I'm up against. None of the real estate lawyers I've contacted had any experience with this particular problem. Haven't lived in Wisconsin for many years. Any ideas would be greatly appreciated.

Many thanks for your responses

 

[tranquility]

The reason the lawyers don't have experience is that people tend to not sue to get their name off a deed. I've never heard of it either.

The problem results in that WI deeds don't require a signature of the grantee, nor does the recording of the deed. If there was a signature required, it would be clear there was either fraud, or you accepted the deed.

You say you didn't have notice until a week ago. Once you know of a gift, you have to accept the gift for the transfer to occur. You could argue you didn't accept. Except, there is often a time line where you can do this. It is certainly within a week, but not within the years.

You can't file a correction as it wasn't a scriviner's error. This is a whole other name on the deed. The deed's preparer didn't just do an ooopsie.

I don't know the answer either. The only thing I can come up with which will work, is for the other owners to initiate a quiet title lawsuit. If you agree, I bet the process could be done fairly reasonably. Absent that, I don't know how things could be fixed without the gift switchy-witchy problem.

 

[ShyCat]

Was hoping if not that - someone might suggest some other possible options to accomplish the same effect.

Best not to assume that people can read your mind.

 

[nextwife]

The reason the lawyers don't have experience is that people tend to not sue to get their name off a deed. I've never heard of it either.

The problem results in that WI deeds don't require a signature of the grantee, nor does the recording of the deed. If there was a signature required, it would be clear there was either fraud, or you accepted the deed.

You say you didn't have notice until a week ago. Once you know of a gift, you have to accept the gift for the transfer to occur. You could argue you didn't accept. Except, there is often a time line where you can do this. It is certainly within a week, but not within the years.

You can't file a correction as it wasn't a scriviner's error. This is a whole other name on the deed. The deed's preparer didn't just do an ooopsie.

I don't know the answer either. The only thing I can come up with which will work, is for the other owners to initiate a quiet title lawsuit. If you agree, I bet the process could be done fairly reasonably. Absent that, I don't know how things could be fixed without the gift switchy-witchy problem.

Actually, in WI, only the Grantor's signature is required, thus a party may indeed not know, nor have accepted the "gift". The transfer can indeed occur without her knowledge.

 

[tranquility]

Actually, in WI, only the Grantor's signature is required, thus a party may indeed not know, nor have accepted the "gift". The transfer can indeed occur without her knowledge.

I agree. As I wrote:

The problem results in that WI deeds don't require a signature of the grantee, nor does the recording of the deed.

 

[ozbodkins]

WI Affidavit form

The problem results in that WI deeds don't require a signature of the grantee, nor does the recording of the deed. If there was a signature required, it would be clear there was either fraud, or you accepted the deed.

You say you didn't have notice until a week ago. Once you know of a gift, you have to accept the gift for the transfer to occur. You could argue you didn't accept. Except, there is often a time line where you can do this. It is certainly within a week, but not within the years.

You can't file a correction as it wasn't a scriviner's error. This is a whole other name on the deed. The deed's preparer didn't just do an ooopsie.

I don't know the answer either. The only thing I can come up with which will work, is for the other owners to initiate a quiet title lawsuit. If you agree, I bet the process could be done fairly reasonably. Absent that, I don't know how things could be fixed without the gift switchy-witchy problem.

First of all, many thanks for your well thought out and considerate replies.

RE: "The reason the lawyers don't have experience is that people tend to not sue to get their name off a deed. I've never heard of it either. "

If some mean person deeded you a tenement slum dwelling (without your knowledge) that is about to be sued by the city to force massive expensive repairs, I would hope there should be some remedy available to you.

RE: "You can't file a correction as it wasn't a scriviner's error. This is a whole other name on the deed. The deed's preparer didn't just do an ooopsie.

On the official Wisconsin Affidavit Of Correction form, there is another notation below the line you site:

DOCUMENT NO.
AFFIDAVIT OF CORRECTION
THIS FORM IS INTENDED TO CORRECT SCRIVENERS ERRORS.

THIS FORM CANNOT BE USED FOR THE FOLLOWING PURPOSES WITHOUT THE NOTARIZED SIGNATURES OF THE GRANTOR/GRANTEE*
• Altering boundary lines
• Adding property
• Altering title/ownership
• Deleting property


*Grantor/Grantee as described in Wisconsin State Statutes 706.01(6) WRDA/WRPLA version VI-00/00/0000


This seems to indicate that the form can be used for more extensive corrections as long as the required info and signitures are provided. Any thoughts?

Again, I greatly appreciate your kind input....

 

[tranquility]

Property has value. Except for pollution issues it is rare property you don't care about losing costs more than the value.

In the case of a random assignment of the deed, it could be easily proven there was not an acceptance. Your problem is harder in that you know everyone.

Try the correction. It seems to me that if they allow it people can screw with the system a lot, but it might fly based on what you posted. In my heart, I don't think so, but if the deed can be recorded with the "correction" that would certainly be the cheapest way. To advise differently would require work on looking up the law in statute and cases. I'd still get an attorney to do this to make sure it's done right.

Not important but just out of curiosity, who prepared the deed in the first place?

 

[ozbodkins]

Property has value. Except for pollution issues it is rare property you don't care about losing costs more than the value.

In the case of a random assignment of the deed, it could be easily proven there was not an acceptance. Your problem is harder in that you know everyone.

Try the correction. It seems to me that if they allow it people can screw with the system a lot, but it might fly based on what you posted. In my heart, I don't think so, but if the deed can be recorded with the "correction" that would certainly be the cheapest way. To advise differently would require work on looking up the law in statute and cases. I'd still get an attorney to do this to make sure it's done right.

Not important but just out of curiosity, who prepared the deed in the first place?

Tranquility: Can't thank you enough for your time and thorough analysis!

RE: "I'd still get an attorney to do this to make sure it's done right."
-Will do. Since I don't live there I need recommendations.

RE: "Not important but just out of curiosity, who prepared the deed in the first place?
-Good question - it was our elderly stepmother (Grantor). I'm guessing this was the problem... I never even received a copy or even a phone call(?!)