Quick Claim Deed

[Rachel41]

QuitClaim Deed

we purchased a home here in stockton california by means of a quitclaim deed. the guy who had purchased the home before us went to prison.because he could no longer pay the mortgage he agreed to sell. so we had a bill of sale drawn up with the property owner who had financed him, he gave his girlfriend power of attorny to sign the quick claim deed, all this paperwork has been notorized. now are contract with the property owner requires us to pay off the mortgage jan,2003, so we are trying to refinance but the title company said our transaction with the quick claim is not valid and legally we do not own the home. they want the previous owner to sign more documents, he is no where to be found. we have been paying the mortgage for 3 years and have also been paying the delinquent property taxes owed by the previous owner. we have until the 24th of april before we lose our rate lock and our $375 loan app. fee.

 

[HomeGuru]

Re: QuitClaim Deed

we purchased a home here in stockton california by means of a quitclaim deed. the guy who had purchased the home before us went to prison.because he could no longer pay the mortgage he agreed to sell. so we had a bill of sale drawn up with the property owner who had financed him, he gave his girlfriend power of attorny to sign the quick claim deed, all this paperwork has been notorized. now are contract with the property owner requires us to pay off the mortgage jan,2003, so we are trying to refinance but the title company said our transaction with the quick claim is not valid and legally we do not own the home. they want the previous owner to sign more documents, he is no where to be found. we have been paying the mortgage for 3 years and have also been paying the delinquent property taxes owed by the previous owner. we have until the 24th of april before we lose our rate lock and our $375 loan app. fee.

**A: we are all confused as well. Unless you "bought" a mobile home that is not considered real property but personal property, a bill of sale was not the correct property title transfer instrument. At the time of your "purchase" you should have ordered a title search, lien check and obtained title insurance. Apparently you are only using a title company now and should have used one when you bought the property from the prisoner.
There is confusion due to the bill of sale, quit claim deed and POA.
Since you did not protect yourself and had an attorney help you from the start, you have a really big mess. Now you really need an attorney and it will cost you a lot more.

 

[Rachel41]

quit claim mess

the major problem is the prisnor gave power of attorney to his girl friend and it seems there is no legal record of her right to sign.
we did speak to a realestate attorney, he suggested we offer to assume liability against any future title claims or get a quite title
thanks for your input

 

[HomeGuru]

good luck to you.