Question on a quit claim deed

[swinn]

I live in Marion IL Back in April 2003 my mother had a quit claim deed done on her home to me. I was not aware of this. In 2004 mom took out a loan against the home to fix some much needed repairs and things and apparently forgot about the quit claim deed to me. Moms health began to fail and finally in december of 08 I had to place her in a home. I was also made POA in 2003 and was aware of that. After placing her in a home and going thru some papers I have now found a copy of the quit claim deed. I went to the court house and it was never filed but I was told it is still valid; however......they would not record it because it was a copy and not the original. I cannot find the original anywhere and have turned the house upside down. I called the attorneys office who prepared it and they said 'well your mom would have been given the original " ..... The courthouse says they can record it but it would be stamped as 'copy' and would not be considered legal ??? I have a potential buyer for the home. I am in bad health and cannont maintain it nor continue making the mortgage payments. They are wanting to foreclose but are giving me until December 2008 to redeem the property or sell it. I want to sell it and pay the mortgage off. But what do I do in this situation when I cannot find the original???? Am I expected to just give up and lose the home just because all I have is a copy? Mom is not mentally competent any longer to do another one. HELP!!!!!!!

 

[tranquility]

Strictly speaking, you were not given the house. A gift requires delivery. The deed was never delivered to you. You found it. By your post, mom did/does not have the mental capability to give you the deed now. The house is not yours.

That does not mean a little lie here or there won't change things or make it easier. But, legally, mom still owns the house and only she can sell it. The courthouse should not have told you it was valid. Finding a deed is not the same as being given it.

 

[justalayman]

Ah, but OP has a POA for mom.

You will lose the home one way or another but there may be some equity that would benfit your mother.

 

[tranquility]

POAs tend to not be able to give gifts at all. They are almost certainly not able to give gifts to themselves.

 

[justalayman]

POAs tend to not be able to give gifts at all. They are almost certainly not able to give gifts to themselves.

No. I meant to infer he may be able to sell the house, as it is apparently getting repo'd anyway, and actually use the money for mom. It's not a gift but merely liquidating a (possible) asset an dapplying it to mothers needs.

Obvioulsy OP will not benefit from it but that isn;t the point.