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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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Quick claim deed in california was filed in 1987 can i

Customer Question

quick claim deed in california was filed in 1987 can i contest it now in 2015? I signed a quick claim deed to my sister because i was under duress at the time going thru a bad divorce and she told me to sign it so my husband wouldnt take it. but she filed it in the recorders office in 1987 can i go to court now ? to make it void or no?

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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The statute of limitations for a claim of fraud, which is what this would be if sister talked you into signing over the quitclaim deed under false pretences, is 3 years under CA Rules of Civil Procedure 338(d). The statute of limitations for criminal fraud is 6 years under CA Penal Code 799.
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So unfortunately, it would be well past either the civil or criminal statutes of limitation for you to take action to have the deed voided.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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