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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37086
Experience:  Texas Attorney for 30 years dealing in real estate
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Sister put liens on my home with the power to sell without

Customer Question

sister put liens on my home with the power to sell without me knowing in 2004 and 2007 and i just found out. some of the documents have hers and my name on it and notarized,
but I never signed anything with her in front of a notary public at that time.
also found documents with my name that does not look like my signature.
sister and her ex husband who is in real estate, was a broker and notary public have been doing this kind of thing for years.
is there anything that can be done.
Jesus Juarez
Submitted: 19 days ago.
Category: Real Estate Law
Expert:  Ray replied 19 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 19 days ago.

Jesus you would need to file a suit to quiet title to set side the deeds here.You may well have the court award you a cleared title as the result.But you will need a local real estate lawyer to file such a suit to challenge these liens. It is possible to do so and resolve this matter in your favor.

Expert:  Ray replied 19 days ago.

Reference

The purpose of a quiet title action is to establish title against adverse claims to real property or any interest in the property. [Code Civ. Proc. §760.020] The remedy of quiet title can be combined with other causes of action or other remedies. In an action or proceeding in which establishing or quieting title to property is in issue, the court may, in its discretion and on the motion of any party, require that the issue be resolved pursuant to the Code Civ. Proc. provisions relating to quiet title actions. [Code Civ. Proc. §760.030]

Jurisdiction/Venue

A quiet title action must be brought in the superior court of the county in which the real property is located. Once the action is before the court, the court has complete power to determine title issues. [Code Civ. Proc. §§760.040, 760.050]

Pleading Requirements

A complaint to quiet title must be verified and must contain all of the following information [Code Civ. Proc. §761.020]:

    1. a description of the property that is the subject of the action. This must include both the legal description and the street address or common designation, if any.
    2. the title of the plaintiff as to which a determination of quiet title is sought. If the complaint is based on adverse possession, the complaint must allege the specific facts constituting the adverse possession.
    3. the adverse claims to plaintiff’s title.
    4. the date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint must include a statement of the reasons why a determination as of that date is sought.
    5. a prayer for the determination of plaintiff’s title against the adverse claims.

The plaintiff must name as defendants all persons known or unknown claiming an interest in the property. [Code Civ. Proc. §§762.010, 762.020] Any person who claims an interest in the property can join in the action, whether or not named as a defendant. [Code Civ. Proc. §762.050]

Notice Of Pending Action (Lis Pendens)

A notice of pendency of action is required in any quiet title action. [Code Civ. Proc. §761.010]

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