unauthorized quit claim deed, cause loss of sale

[USALAND]

Florida

My Dad is in extreme financial hardship. He decided to sell three pieces of land to get money to pay debt and help his situation. He found someone to purchase his land and signed a contract. While the sale was pending, the buyer baked out due to a random quit claim deed on his properties he was unaware of. He lost the sale and really needed the money. When he inquired about the quit claim deed, he found out that almost all the lots in the community had a quit claim deed on them by a Man whos family lived in the community.

Is it legal to place a quit claim deed on a random property without an owners permission for no legal reason?
Can he be personally liable for causing my dad extreme hardship by preventing the sale he much needed?
What civil and criminal crimes did this man commit and what do we do?

My dads land had all taxes paid, no problems, owned free and clear and had no issues and this man secretary got a quit claim deed on my dads property.

Were only civil, and state laws broken, or were there also federal laws.
Are any of the laws broken criminal, can I get a warrent on him.

we need major help please. This man totally destroyed my family. We desperately needed the money from the sale he prevented.

 

[FlyingRon]

You certainly can. A quit claim deed makes no claim as to ownership. I could quit claim you all my interest in 1060 W. Addison in Chicago.

I'm not sure why the buyer decided that it was valid reason to rescind the sale.

 

[Mass_Shyster]

Florida

My Dad is in extreme financial hardship. He decided to sell three pieces of land to get money to pay debt and help his situation. He found someone to purchase his land and signed a contract. While the sale was pending, the buyer baked out due to a random quit claim deed on his properties he was unaware of. He lost the sale and really needed the money. When he inquired about the quit claim deed, he found out that almost all the lots in the community had a quit claim deed on them by a Man whos family lived in the community.

Is it legal to place a quit claim deed on a random property without an owners permission for no legal reason?
Can he be personally liable for causing my dad extreme hardship by preventing the sale he much needed?
What civil and criminal crimes did this man commit and what do we do?

My dads land had all taxes paid, no problems, owned free and clear and had no issues and this man secretary got a quit claim deed on my dads property.

Were only civil, and state laws broken, or were there also federal laws.
Are any of the laws broken criminal, can I get a warrent on him.

we need major help please. This man totally destroyed my family. We desperately needed the money from the sale he prevented.

You should consult an attorney.

I haven't found a FL case on point, but there's authority in Ohio (Green v. Lemarr, 139 Ohio App. 3d 414), quoting a WV decision, that frivolous filing of a quitclaim deed may constitute slander of title.

However, as in Carman, related issues exist concerning whether the Greens' actions in filing a quitclaim deed to a "straw-man" and receiving a deed back went beyond their statutory privilege. We have not been able to find Ohio law on this specific point, but other jurisdictions have found liability for slander of title where a party claims title in himself without any reasonable basis. See TXO Production Corp. v. Alliance Resources Corp. (1992), 187 W.Va. 457, 466, 419 S.E.2d 870, 879, affirmed (1993), 509 U.S. 443, 113 S.Ct. 2711, 125 L.Ed.2d 366. In TXO, a jury found the defendant liable for recording a quitclaim deed that it knew to be frivolous, and the West Virginia Supreme Court affirmed. Specifically, the West Virginia Supreme Court said:

"[R]ecording a quit-claim deed that one knows to be frivolous is no different from saying to a potential purchaser—`I don't think you should buy that land. You know there is a cloud on the title * * *.'

"* * *

"As a general rule, courts have found that wrongfully recording an unfounded claim to the property of another is actionable as slander of title. * * * This is 434*434 so provided that the other elements for slander of title, namely malice and special damages, are present." 187 W.Va. at 466-67, 419 S.E.2d at 879-880. See, also, Colquhoun v. Webber (Me.1996), 684 A.2d 405 (finding defendant liable for filing frivolous quitclaim deed during pendency of quiet title action).

Based on the above authority, we think the Greens could be held liable if they frivolously filed the quitclaim deed and took a deed back, as long as the remaining elements for slander of title, i.e., malice and special damages, are also proven. Again, these are factually disputed matters that must be resolved through the trial process. In this regard, an additional point is important.

 

[justalayman]

actually, given that the grantor of the QC deed is a member of the family that once owned all of the property in the area, it is not unusual or suspect. At some point, there was likely a concern with that person being an heir to the property and to clear an existing cloud, he issued QC deeds so the cloud would be removed as it simply acknowledged his relinquishing of all rights that he might have had through his family members estates.

My dads land had all taxes paid, no problems, owned free and clear and had no issues and this man secretary got a quit claim deed on my dads property.

Were only civil, and state laws broken, or were there also federal laws.
Are any of the laws broken criminal, can I get a warrent on him.

we need major help please. This man totally destroyed my family. We desperately needed the money from the sale he prevented.

if my suspicions are correct, you would have absolutely no action against the man. In fact, the action would aid in a sale since it would have been used to clear a cloud that existed which definitely could have cause a lost sale.

 

[USALAND]

if my suspicions are correct, you would have absolutely no action against the man. In fact, the action would aid in a sale since it would have been used to clear a cloud that existed which definitely could have cause a lost sale.[/QUOTE]

How would an unauthorized quit claim deed on my dads property causing a loss of a sale aid in the sale. You must be confused man,......
My dad does not know who this person is and never met this person. He fraudulently filed a quit claim deed on my dads property and we don't even know why. The only info we have is that he caused my dad to loose a sale which financial hurt my family and caused us to go into extreme hardship.

 

[justalayman]

How would an unauthorized quit claim deed on my dads property causing a loss of a sale aid in the sale. You must be confused man,......
My dad does not know who this person is and never met this person. He fraudulently filed a quit claim deed on my dads property and we don't even know why. The only info we have is that he caused my dad to loose a sale which financial hurt my family and caused us to go into extreme hardship.

No. The fact I understand why there not only can be such a deed but it many cases should be such a deed means I understand this much better than you. The rest of your position is meaningless.

The fact your father doesn't know who the guy is? So what. Does he know every person listed in title to the property back to the original land patent? I doubt it. Does he know for a fact there was not an issue regarding the descent of property through heirship that required these deeds to remedy? Of course not because you have it stuck in your head there was a nefarious intent behind the action and refuse to consider anything else.

The only info we have is that he caused my dad to loose a sale which financial hurt my family and caused us to go into extreme hardship.

That's right the only info you have is...


when you get the info that you need, then, if there is something improper about the deeds, you have a right to complain. Until you have the rest of the info, it's like dropping a fishing line into a lake and stopping before you hit the bottom and trying to tell somebody how deep the lake is. The fact is, you can't until you drop the line all the way to the bottom. You haven't reached the bottom yet and based on your attitude and ignorance, you aren't going to bother letting out the rest of the line before you jump in.

Rather than being so damned righteous and thinking you were injured, you need to investigate this with a title company to determine the facts first.

 

[Mass_Shyster]

if my suspicions are correct, you would have absolutely no action against the man. In fact, the action would aid in a sale since it would have been used to clear a cloud that existed which definitely could have cause a lost sale.

How would an unauthorized quit claim deed on my dads property causing a loss of a sale aid in the sale. You must be confused man,......
My dad does not know who this person is and never met this person. He fraudulently filed a quit claim deed on my dads property and we don't even know why. The only info we have is that he caused my dad to loose a sale which financial hurt my family and caused us to go into extreme hardship.

Who was the grantee?

 

[USALAND]

Crazy Response Justalayman

No. The fact I understand why there not only can be such a deed but it many cases should be such a deed means I understand this much better than you. The rest of your position is meaningless.

The fact your father doesn't know who the guy is? So what. Does he know every person listed in title to the property back to the original land patent? I doubt it. Does he know for a fact there was not an issue regarding the descent of property through heirship that required these deeds to remedy? Of course not because you have it stuck in your head there was a nefarious intent behind the action and refuse to consider anything else.

That's right the only info you have is...


when you get the info that you need, then, if there is something improper about the deeds, you have a right to complain. Until you have the rest of the info, it's like dropping a fishing line into a lake and stopping before you hit the bottom and trying to tell somebody how deep the lake is. The fact is, you can't until you drop the line all the way to the bottom. You haven't reached the bottom yet and based on your attitude and ignorance, you aren't going to bother letting out the rest of the line before you jump in.

Rather than being so damned righteous and thinking you were injured, you need to investigate this with a title company to determine the facts first.

I spoke with the city and they confirmed that it is a fraudulent deed. They said they are sending letters to the man who did the quit claim deed to tell him it is bogus and he has no rights to the property. They have updated their records. They said that since it is a legal document, it will always be linked to the property, but any title search will show it is a "Bogus deed with not effect on the properties"

I had a title search done and they said the same thing the city said.

Both agree that my dad and the other owners have free title with no issues and that this guy has no rights regarding the deed he did. The searches including court docs and information from the property appraisers & Tax Appraiser show their were never issues in the past and the quit claim deed is bogus.

If any one is ignorant with an attitude it is you "justalayman". I am on this site seeking help and advice for my family who was injured by this man who, with no argument caused damages and instead of giving me advice and helping me, you decide to name call and look for a fight. Your are an uneducated Moran who apparently likes aggravating people who already have enough aggravation on their plate. You should go argue with people on social networking sites for children and save room on this site for Real Legal professionals who can possibly help victims and injured people and who can communicate good advice.

 

[justalayman]

=USALAND;2815266]I spoke with the city and they confirmed that it is a fraudulent deed. They said they are sending letters to the man who did the quit claim deed to tell him it is bogus and he has no rights to the property. They have updated their records. They said that since it is a legal document, it will always be linked to the property, but any title search will show it is a "Bogus deed with not effect on the properties

"Now I know you are full of BS. First, while I suppose it is possible, I know of no city that maintains deeds. Second, they have no authority to notate anything of the sort you suggest. Third, if he issued a deed, he is not claiming any rights to the property. Quite the opposite; he is relinquishing any interest in the property. The city has no authority to send letters such as you suggest. If your father has a problem with the deed, his path is to the courthouse.

and they have updated their records? What the heck is that supposed to mean? Their records are updated continually as there is a new registration of any document. That is the purpose of a "register of deeds" office.

I had a title search done and they said the same thing the city said.

sure, if you say so.

Both agree that my dad and the other owners have free title with no issues and that this guy has no rights regarding the deed he did. The searches including court docs and information from the property appraisers & Tax Appraiser show their were never issues in the past and the quit claim deed is bogus.

the ridiculous thought on your part is; nothing you have ever said there was any claim on the land via this title yet you continue to argue the position that there is.

If any one is ignorant with an attitude it is you "justalayman". I am on this site seeking help and advice for my family who was injured by this man who, with no argument caused damages and instead of giving me advice and helping me, you decide to name call and look for a fight. Your are an uneducated Moran

an uneducated Moran? That is just too funny. The term is MORON. I guess we know who the [intentional misspelling for humor]MORAN is now.

Oh, and if you have had a title search in the time you've been here, you have the fastest title company in the country doing the work for you.

 

[Ozark_Sophist]

I think you are both right, but talking about different sides of the coin.
The dispute centers on who the grantee is on the deed. From OPs description, the third party filed a quit claim granting third party right to property and not releasing rights. OP was not clear on that.