quitclaim deed

[lisa6865]

What is the name of your state? Florida
My husband and his exwife purchased a house together in 1997, they were divorced in 2000. Exwife received sole custody and financial responsibility to house. She ran it into forclosure. November of last year she quitclaimed house back to my current husband and we reside there, we have been making pmt & 1/2 to catch up arrearage. She has now decided that she wants the house back. Can she fight her own quitclaim deed?
She did not pay taxes for 2000 and 2001 and she is saying that because the taxes have not yet been paid that he has not fulfilled the general agreement ... there was no date that they were to be taken care of by. Her attorney is trying to tell us that even though the mortgage companies have a contract with us, a payment schedule that carries into 2003 ... that we must have the house caught up by 12/31. They are also saying that the house taxes must be paid by 10/15/02 or that too nullifies the quitclaim deed. In this instance, does exwife actually have a leg to stand on?

 

[HomeGuru]

What is the name of your state? Florida
My husband and his exwife purchased a house together in 1997, they were divorced in 2000. Exwife received sole custody and financial responsibility to house. She ran it into forclosure. November of last year she quitclaimed house back to my current husband and we reside there, we have been making pmt & 1/2 to catch up arrearage. She has now decided that she wants the house back. Can she fight her own quitclaim deed?
She did not pay taxes for 2000 and 2001 and she is saying that because the taxes have not yet been paid that he has not fulfilled the general agreement ... there was no date that they were to be taken care of by. Her attorney is trying to tell us that even though the mortgage companies have a contract with us, a payment schedule that carries into 2003 ... that we must have the house caught up by 12/31. They are also saying that the house taxes must be paid by 10/15/02 or that too nullifies the quitclaim deed. In this instance, does exwife actually have a leg to stand on?

**A: you make reference to a general agreement yet we have no idea what the terms and conditions are in said agreement.

 

[lisa6865]

General Agreement

The general agreement simply stated that she as party #1 would vacate the premises taking all belongings with her by a certain date. Also, sign an appropriate quitclaim deed.
He as party #2 would pay 1st/2nd mortgages including her arrearage. Current and prior year taxes. House to be re-financed within five years and if the property is sold he (party #2) gets all proceeds.

There was no date that the general agreement was to be completed by, as for re-financing ... we have been trying EXTREMELY hard since we took possession of the house. No luck!

She signed the quitclaim deed giving up her rights ... how can she come back eight months later and change her mind???

 

[HomeGuru]

Re: General Agreement

The general agreement simply stated that she as party #1 would vacate the premises taking all belongings with her by a certain date. Also, sign an appropriate quitclaim deed.
He as party #2 would pay 1st/2nd mortgages including her arrearage. Current and prior year taxes. House to be re-financed within five years and if the property is sold he (party #2) gets all proceeds.

**A: there are 2 sides to this issue. According to the agreement, he agreed to pay the 2 mortgages, current and back payments and curent and prior years taxes. If he failed to do so, he is in default of the agreement.
Thus, even if a QCD was signed, she could still litigate under a breach of contract cause of action.
It appears that she is still on the mortgage and if so, she should have not agreed to transfer the property until the property was current with all debts and refinanced.
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There was no date that the general agreement was to be completed by, as for re-financing ... we have been trying EXTREMELY hard since we took possession of the house. No luck!

**A: but you still have time to refinance. You don't have time to continue to be in arears on the past due and curent mortgage and taxes.
There is nothing in the agreement tha states that the payment sof arrears is cntingent upon refinancing.
Although that could have been your plan to use the refi money to play catch up, at this point there is no refi money.
*********


She signed the quitclaim deed giving up her rights ... how can she come back eight months later and change her mind???

**A: she can't unless he defaulted on his agreement. He made a bargain, a promise, and now fails to live up to them. Look at the hard facts. Is she really changing her mind or is he changing the deal?
I highly doubt that she will get the house back, but her attorney can certainly try.
If there is no settlement to this case, sell the property to pay the debts.