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Unrecorded quit claim deed...

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RandyL712

Guest
What is the name of your state? Colorado

This is a tricky one.

My mother gave me a copy of a quit claim deed to her home back around 1997, right after she bought the house. My sister and I were living there, and she wanted it to be "everyone's house", so she quit claimed the house to herself, my sister and I as Joint Tenancy.

Well, she passed away on 11/15 and we're going through all of the papers, and it turns out that the legal description was typo'd (had an F instead of a 1 and no neighborhood listed, but the address was correct). So now I have a copy of a notarized quit claim deed with a typo in the legal desc of the property. And we've come to find out it was never recorded (though it was mailed back in 1997, they obviously tossed the original when they saw the discrepency).

So, trying to keep the home out of any probate situation, my sister and I are at a loss. Obviously we'd love to have the copy we hold in our hands recorded on her property, but that doesn't seem likely.

What do you advise? The notary who signed it worked for the mortgage company that my mother used to purchase the home. She doesn't have her official record of signatures, but I'm sure she'd say that it looked like her sig and that she did in fact work there, etc.
 


HomeGuru

Senior Member
RandyL712 said:
What is the name of your state? Colorado

This is a tricky one.

My mother gave me a copy of a quit claim deed to her home back around 1997, right after she bought the house. My sister and I were living there, and she wanted it to be "everyone's house", so she quit claimed the house to herself, my sister and I as Joint Tenancy.

Well, she passed away on 11/15 and we're going through all of the papers, and it turns out that the legal description was typo'd (had an F instead of a 1 and no neighborhood listed, but the address was correct). So now I have a copy of a notarized quit claim deed with a typo in the legal desc of the property. And we've come to find out it was never recorded (though it was mailed back in 1997, they obviously tossed the original when they saw the discrepency).

So, trying to keep the home out of any probate situation, my sister and I are at a loss. Obviously we'd love to have the copy we hold in our hands recorded on her property, but that doesn't seem likely.

What do you advise? The notary who signed it worked for the mortgage company that my mother used to purchase the home. She doesn't have her official record of signatures, but I'm sure she'd say that it looked like her sig and that she did in fact work there, etc.

**A: just file a motion with the Probate Court to recognize the deed and approve the issuance of a new deed from the estate to you and Sis in JT.
 
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RandyL712

Guest
We haven't opened the estate yet (her only belongings of value would be the home and her car, blue book is $6k). She has an insane amount of debt due to her illness, something like $150,000. The equity in the house is maybe $75,000.

Do I need to open an estate to petition the probate court?
 

HomeGuru

Senior Member
RandyL712 said:
We haven't opened the estate yet (her only belongings of value would be the home and her car, blue book is $6k). She has an insane amount of debt due to her illness, something like $150,000. The equity in the house is maybe $75,000.

Do I need to open an estate to petition the probate court?

**A: yes.
 

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