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if i signed a quit-claim deed 4 my house to sm1 w/o a written agreement, is house still mine?loan is n my name
there was no written agreement. the loan is still in my name, i am still paying on it. I have moved away and now need to move back. house is vacant. I am the one on the loan.....do i have any rights to the property? I heard it is very simple and that the house is mine, i want to know if this is true. I can prove i live there, the loan is my name it is not delinquent, the address on my ID is still the one from the property. I received some cash (not even a check- no receipt-no written agreement) when I was in a bind and needed to leave the state for a fmly emergncy. I was convinced to sign the quitclaim deed for $3000 and to hand over the keys. It has been a year I am back in the state the house is vacant, i can not get in touch with the ppl i signed the deed over to. how can i legally get back in my house? PLEASE tell me. Is there anything tht should keep me from getting the locks changed and moving in, at this point?
9 Answers
- linkus86Lv 71 decade agoFavorite Answer
If the quitclaim was recorded with the county OR the quitclaim was notarized at the time of execution, then you might run into some legal complications in laying claim to the property. But if not, it is all yours and you have nothing to worry about.
Source(s): Realtor - Anonymous1 decade ago
Wow. You must have really been in a bind because of the family emergency. I feel for you.
First off, who was it that you signed the quit claim to?
Was it a company? Like a company with advertising saying we can get you the cash you need?
Or was it an individual?
When you signed the quit claim, did you do it at an Attorney's or title company office? Or was it just signed casually somewhere else? On top of that, was there a notary?
Do you know if the quit claim is recorded?
If the notary was not properly licensed, or it was not notarized, you may have a loophole there. If it was not recorded, you definitely have a loophole.
Usually if you go to the county property assessor office website and look up the address it will tell you who the legal owner is.
If you see on the website that you are still the legal owner, immediately pick up the phone and call the country registers office and verify that you are the owner. Then drive there and get a copy of the deed.
Quite honestly if I found out I was still legal owner, I would march over to the home, call the locksmith and change the locks , have a copy of the deed, your mortgage papers, your identification, and move on back in.
There are sooo many variables here however.
IF the quit claim is recorded and notarized etc... You technically are in default of your loan agreement. If you purchased the home as a primary residence with your name on it, your loan agreement will state in the million pages of paperwork, that you have to notify the lender if you a) are not using it as a primary residence anymore, and b) You have a change of ownership . I don't mean you get married and add someone to title, I mean you just flat out are not on the deed period.
This could work in your favor eventually.
Meaning, if you really aren't the owner anymore because it was recorded properly etc. There are laws to protect people from fraud and scams. Which it sounds like this is.
If this is the scenario, call a real estate attorney IMMEDIATELY!! I don't know what that home is worth, but I do know that in all the years of lending and real estate I have worked I have never seen the fair market value of a home be $3,000 , not even a worn out single wide trailer!
I can't tell you what the end result would be for sure.
I assume,however, it would be you that will have to pay for an attorney, you will have to pay back the $3,000 plus a fair amount of interest.
But in the end the house should be yours again.
I am really curious to know whether or not it was a company you signed this over to? And why you cannot get ahold of them? If it was a company , it is very likely they got caught, and are shut down.
It is Fraud to do that to someone. I have seen people in the lending industry go to prison for 10 years for way less than what you are describing.
Good Luck to you
Source(s): experience - ibu guruLv 71 decade ago
When you signed the Quit Claim Deed, you gave up all rights to the property, but you still have to pay for it since your name is on the loan/mortgage. You have no rights to the property, you cannot move in, you cannot change the locks. But you do have to pay off the mortgage.
Doesn't matter if the deed is recorded yet or not, you have no rights. However, until it is recorded, you are liable for all property and other taxes.
The only way you might change things is if you can sue for fraud and prove it. This is unlikely, as your stupidity or failure to read the Quit Claim Deed, or your lack of knowledge of Quit Claim Deeds, or your failure to consult an attorney, etc. -- which the defense would probably claim -- should prevent the court from any finding of fraud.
You need an attorney. You should have had an attorney before you signed the Quit Claim Deed.
- Beverly SLv 71 decade ago
If they recorded the quit claim they own the house. You "quit your claim to the property". But you are still responsible for the loan. Really dumb! (Sorry). This is also illegal- you cannot give someone your home if you still owe on it- there is a "due on sale" clause in your mortgage papers that you signed. You really have to find the people & have them quit claim it back to you in order to regain the ownership. If you have the locks changed & move in it is breaking and entering. Check with the register of deeds in the county to see if q/c has been recorded into their names.
Good luck!
Source(s): 22 years mortgage business. - How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
Who is making the payments on the loan? It is a common practice to take a property "Subject To" the existing financing and the new owner takes over making the payments. If you signed a quit claim deed, then they own the property.
Source(s): http://www.orange-county-home.net/ - DeeDeeLv 61 decade ago
as others said, check at your County Recorder's office. Give them the legal and/or the street address to see who is the current owner. If it is the person you gave a deed to, then you will know the deed was recorded, and it is no longer yours; however, the debt is.
- Mrs HarleyBratLv 51 decade ago
you may be on the loan but you are no longer on the title from what you are saying which means you no longer rightfully own it - if they filed the quit claim - check with your local tax or recorders office to see if the quit claim has been filed then go from there - good luck but it doesn't sound real favorable for you -
- LILLLv 71 decade ago
The house is no longer yours...you signed your rights away when you signed the deed.
- 1 decade ago
Contact your county attorney's general office and speak to someone in their fraud department. They may even have a specific mortgage fraud group. Call them today.
Source(s): I'm a national lender that specializes in construction loans for modular homes.