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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88299
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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i am part owner in a home with a nother person in a community

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i am part owner in a home with a nother person in a community property. when we bought the house i trusted this friend and signed wherver i was asked to do.

I have this deed which has both our names as owners / borrowers with survivorship.

with the relationship not at the best of times - what would happen if the other person has taken my signature in the quit claim deed and suddenly i find myself out of the property for which i have also invested close to 80K
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Are you asking what happens if your friend fakes your signature and files a quitclaim deed giving himself 100% of the interest?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

No my friend has not faked my signature , but what if i had signed a quit claim deed during the property buying process and can this be used to transfer the property to that person .


 


If so can i also take legal action that i was not aware of it

Expert:  Ely replied 1 year ago.
Thank you, B.

A quitclaim indeed transfers one's interest from one party to another.

If one had signed the quitclaim deed and given it to another, they arguably transferred their interest in the property to another.

The presumption is that you did so willingly and voluntarily. The excuse of "not looking at what was being signed" seldom works in Court.

One would have to show that they did not have the CAPACITY to understand what they were signing (under extreme duress, insane, etc). This is hard to prove.

To challenge the document, one would file a COMPLAINT TO QUIET TITLE in Court to have the Judge decide this. Code Civ. Proc. §760.020. A sample complaint may be found here (although it is generic and not based on incapacity as its argument).

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

can i go to the county clerk office and put a hold on any quit claim deed from me for a period

Expert:  Ely replied 1 year ago.
B,

I am afraid not. A Quitclaim deed (if filed) is effective immediately.

However, if one files a Complaint to Quiet Title to challenge the quitclaim, upon request, the Court can issue temporary orders that would prevent the other party from selling the property or doing anything else with it.

In addition, a lis pendens filing may also be filed that would "warn" other parties not to purchase/invest/etc into the property while a suit is pending.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 1 year ago.

one final question , if this is a public record can i see this in the county clerk office

Expert:  Ely replied 1 year ago.
Please ask as much as you need to, for this is why I am here.

if this is a public record can i see this in the county clerk office

Yes!. This would be with the county's County Clerk and Recorder's office (sometimes called Clerk-Recorded for short) in the county where the property is.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

well if i find this quit claim deed is not executed and the person still has the signed quit claim deed and what would be the way to prevent it from being executed.


 


 

Expert:  Ely replied 1 year ago.
B,

I am afraid not. It becomes valid once signed - simply awaiting to be filed.

So my answer stands as is.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88299
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Ely
Ely
Real Estate Lawyer
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Qualified attorney in private practice including business, family, criminal, and real estate issues.