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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 26124
Experience:  45 years old, retired Marine Officer, current attorney
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My mothers home has a warranty deed dated 1998 which names another

Resolved Question:

My mother's home has a warranty deed dated 1998 which names
another along with her as owner. That "other" signed a registered
quit claim in 1987 giving up all rights to the property. The second
deed was made after the "other" person co signed an equity loan
against the property. Does the quitclaim become invalid now? How can
a person relinquish all claim to title then reneg on it?
Submitted: 4 years ago.
Category: General
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist. I want to make sure I have the timeline correct. 1987 the "other" quit claimed the property to whom?

then in 1998 was back on the title again?
Customer: replied 4 years ago.
she quitclaimed interest in the specific property which my owned and continues to live in If she quitclaimed to the specific property would that not imply its present owner since the house has not been sold in between times?
Expert:  P. Simmons replied 4 years ago.
I still not following this. Can you give me timeline of what happened and when...that may help to understand what happened.

Customer: replied 4 years ago.

my mom bought a house which was titled in her name in 1987. She is a widow & remains single. A quit claim was signed by this "other"The mortgage was paid off in 1998. He name now appears on the title as co owner.

Expert:  P. Simmons replied 4 years ago.
Thank you. That helps.

OK, last question (hopefully), how (if you know) did the other get on the deed? And it sounds like he quit claim some time back...what was the others interest at that time (the time of the quit claim)?

Customer: replied 4 years ago.

After the closing the credit union decided a co signer was needed. That cosigner

was put on the title as coborrower. My mother's family was alarmed so the cosigner signed a quitclaim along with her husband (he had dower rights automatically). the mortgage was paid off in 1998 but the cosigner's name remained on the title in spite of the quitclaim if in fact the credit union was ever made aware of its existence-which I doubt.

Expert:  P. Simmons replied 4 years ago.
Thanks....that helps a lot.

In order to modify the title, the quit claim deed needs to be recorded. Hopefully you still have the original quit claim deed. Take this to the county recorders office and record it. That will serve to remove the "others" name from the title.


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Customer: replied 4 years ago.
The quitclaim was recorded way back before so should I file to clear title then?
Expert:  P. Simmons replied 4 years ago.
should I file to clear title then?

YES. That is odd...if the quit claim was recorded, it should have removed the other. But mistakes do happen. You can file a "quiet title" suit with the same county court...that will clear this up and allow the "other" to be removed. So long as you have the quit claim and there is no other event that added the other to the title AFTER the quit claim, there is no way the other should be on the title. A quiet title suit will remove them.

P. Simmons, Attorney
Category: General
Satisfied Customers: 26124
Experience: 45 years old, retired Marine Officer, current attorney
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