Unrecorded Quit Claim valid?

[margo fisher]

What is the name of your state? California. How long is an unrecorded Quit Claim deed valid? Do we have any legal recourse if family member who has Quit Claim deed may about to become victim of losing this property to a con artist? Family worried and needs to know if we have any legal options to revoke deed and save property. Thanks for your help.

 

[rmet4nzkx]

how old is this person and are they competent?

 

[margo fisher]

The relative in question (in our family's opinion) is showing signs of beginning stages of Alzheimer's -- he's 78.

 

[HomeGuru]

What is the name of your state? California. How long is an unrecorded Quit Claim deed valid? Do we have any legal recourse if family member who has Quit Claim deed may about to become victim of losing this property to a con artist? Family worried and needs to know if we have any legal options to revoke deed and save property. Thanks for your help.

**A: the deed remains valid up until such time as another susbsequent deed is executed and recorded. In your case, if the con artist has the deed, have the family member sign a new deed to the family trust and record it.

 

[margo fisher]

Unrecorded Quit Claim deed valid?

Unfortunately, the family member is "under the spell" of this young woman (con artist)-- he is a bit feeble-minded and thus unwilling to protect the deed. Can the original owner of the deed (his sister) record a second quit claim or grant deed into a family trust (in a sense, "ignoring" or countering the first quit claim which we feel is in jeopardy of being "stolen"?

 

[HomeGuru]

Unfortunately, the family member is "under the spell" of this young woman (con artist)-- he is a bit feeble-minded and thus unwilling to protect the deed. Can the original owner of the deed (his sister) record a second quit claim or grant deed into a family trust (in a sense, "ignoring" or countering the first quit claim which we feel is in jeopardy of being "stolen"?

**A: this is getting more and more confusing. Let's start over. Who is currently on title?

 

[margo fisher]

Valid quit claim deed?

Ok-- sorry for the confusion. Here's the deal. My mom is on title as the sole owner of the property as far as the County Recorder's records go; however, she did quit claim it to her somewhat senile brother (the one who has the con artist girlfriend). Because of his senility, he has never recorded the deed-- he probably lost it, or it's buried in a pile of papers- or his con artist girlfriend has it-- we just don't know what's going on exactly but our family has suspicions and worries. So, the question is: can my mom legally issue a second quit claim deed (without her brother's permission or knowledge) and record it? Will that invalidate the previous quit claim deed to her brother or would she be comitting some sort of fraud, as she did accept a small amount of money for her property when she gave him the quit claim deed. Thanks again for your patience and advice.

 

[seniorjudge]

Q: Will that invalidate the previous quit claim deed to her brother or would she be comitting some sort of fraud, as she did accept a small amount of money for her property when she gave him the quit claim deed.

A: Ah! Now the truth comes out. The land belongs to senile bro and y'all trying take it back.

 

[HomeGuru]

Ok-- sorry for the confusion. Here's the deal. My mom is on title as the sole owner of the property as far as the County Recorder's records go; however, she did quit claim it to her somewhat senile brother (the one who has the con artist girlfriend). Because of his senility, he has never recorded the deed-- he probably lost it, or it's buried in a pile of papers- or his con artist girlfriend has it-- we just don't know what's going on exactly but our family has suspicions and worries. So, the question is: can my mom legally issue a second quit claim deed (without her brother's permission or knowledge) and record it?

**A: yes.
******
Will that invalidate the previous quit claim deed to her brother or would she be comitting some sort of fraud, as she did accept a small amount of money for her property when she gave him the quit claim deed. Thanks again for your patience and advice.

**A: fraud......