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Quit Claim Deed Validity

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Concerned Jim

Junior Member
What is the name of your state? Ohio
I am advised that a quit claim deed is valid unless fraud can be proven.
How difficult is fraud to prove? What type of evidence must be presented?
If the grantor has been a fugitive for three years because he failed to appear at his trial for drug possession and now has an open capias warrant how does the legal system handle his quit claim deed issue? Should he first resolve the failure to appear?
 


HomeGuru

Senior Member
Jim Kerr said:
What is the name of your state? Ohio
I am advised that a quit claim deed is valid unless fraud can be proven.
How difficult is fraud to prove? What type of evidence must be presented?
If the grantor has been a fugitive for three years because he failed to appear at his trial for drug possession and now has an open capias warrant how does the legal system handle his quit claim deed issue? Should he first resolve the failure to appear?

**A: if you have a real specific issue, please post it.
 

Concerned Jim

Junior Member
Quit Claim Deed Challenge

This is in the State of Ohio.
Can a grantor to a quit claim deed who is a fugitive from justice with an open capias warrant for the past three years hire an attorney to represent him without disclosing his current adderss and inviting arrest and extradition to Ohio so the warrant may be served?
 

HomeGuru

Senior Member
Jim Kerr said:
This is in the State of Ohio.
Can a grantor to a quit claim deed who is a fugitive from justice with an open capias warrant for the past three years hire an attorney to represent him without disclosing his current adderss and inviting arrest and extradition to Ohio so the warrant may be served?

**A: and what party are you? How are you involved in this?
 

Concerned Jim

Junior Member
I am the grantee. The grantor is my relative. Three years ago he signed a quit claim deed transferring his interest in some property to me.
In exchange I paid his attorney's retainer and protected the property from his
illegal behavior resulting in possible creditors and property confiscation. I also said that I would consider returning his interest in the real estate to him some day if and when he stopped being involved in illegal ventures/behavior.
He almost immediately decided to not appear at his trial and has been a fugitive with a capias warrant for his arrest ever since. Now, another relative and I sell the real estate. The grantor requests "his share" from the proceeds of the sale.
I refuse to release money to the grantor at this time due to his criminal history. Then I learn of his fugitive status which confirms my contentions.
Now I cannot release proceeds to him even if I wanted to or I am breaking the law against aiding and abetting a crminial on the run.
What recourse does he have to acquire the money before I decide to release it? How should I regard and treat the proceeds from the real estate sale?
By the way, the grantor was 33 years of age when the quit claim deed was signed. He had served one year in prison on a former drug charge four years earlier.
 

HomeGuru

Senior Member
Concerned Jim said:
I am the grantee. The grantor is my relative. Three years ago he signed a quit claim deed transferring his interest in some property to me.
In exchange I paid his attorney's retainer and protected the property from his
illegal behavior resulting in possible creditors and property confiscation. I also said that I would consider returning his interest in the real estate to him some day if and when he stopped being involved in illegal ventures/behavior.
He almost immediately decided to not appear at his trial and has been a fugitive with a capias warrant for his arrest ever since. Now, another relative and I sell the real estate.

**A: how can another relative and you sell the real estate when you had sole ownership in the property?
**********

The grantor requests "his share" from the proceeds of the sale.
I refuse to release money to the grantor at this time due to his criminal history. Then I learn of his fugitive status which confirms my contentions.
Now I cannot release proceeds to him even if I wanted to or I am breaking the law against aiding and abetting a crminial on the run.

**A: set up a time and place to meet him to give him the cash. Then tell the cops to be there. Have you never seen a sting operatiion on tv?
********


What recourse does he have to acquire the money before I decide to release it? How should I regard and treat the proceeds from the real estate sale?
By the way, the grantor was 33 years of age when the quit claim deed was signed. He had served one year in prison on a former drug charge four years earlier.

**A: anymore bright ideas?
 

melissaspurr

Junior Member
Grantor Has No Legal Right to Property

By signing the quit claim deed, the grantor relinquished interest in the property. Legally, the grantor has no claim to the property or the proceeds from it's sale. Do whatever you want with the money. If you feel the money, or a portion of it rightfully belongs to the grantor, set it aside in a savings account until the grantor is no longer a fugitive. (Perhaps he could apply it toward attorney's fees.) Or give the money to the fugitive's spouse if he has one. Or, if the fugitive has children, put the money in a trust fund for them.
 

HomeGuru

Senior Member
melissaspurr said:
By signing the quit claim deed, the grantor relinquished interest in the property. Legally, the grantor has no claim to the property or the proceeds from it's sale. Do whatever you want with the money. If you feel the money, or a portion of it rightfully belongs to the grantor, set it aside in a savings account until the grantor is no longer a fugitive. (Perhaps he could apply it toward attorney's fees.) Or give the money to the fugitive's spouse if he has one. Or, if the fugitive has children, put the money in a trust fund for them.

**A: read up on aiding and abetting and the fraudulent transfer of assets.
 

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