How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
Type Your Real Estate Law Question Here...
Tina is online now
A new question is answered every 9 seconds

We have a warranty deed with only our names on it. Then a

Customer Question

We have a warranty deed with only our names on it. Then a quick claim deed was done with our son. We want to refinance and now they tell us that our son is the owner of the house. We have no communication with him he is in the Navy. We have tried to call him
he will not answer why is this happening? Is there any way to correct this problem without him?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

When was the quit claim deed recorded?

Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  legalgems replied 3 months ago.

The quit claim deed becomes effective once it is recorded; the quit claim deed serves to transfer any interest the grantor has in the property to the grantee; it does not convey any warranties - it just transfers any interest the person had in the property.

If the mistake was made by the lawyer's office, then the lawyer would be responsible to file the correct papers to undo this.

The lawyer can contact the son through the Navy, and if that does not work, then the lawyer can file a request in court (in the county where the property is located) asking the court to rescind or void the quit claim deeed to restore the property to the original owners.

When a lawyer's negligence causes a legal issue, they will generally remedy the situation at no cost; otherwise they are exposing their firm to legal liability for malpractice along with being sanctioned by the state bar.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Related Real Estate Law Questions