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Under duress 9 years ago I signed a quit claim deed to a man…

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Under duress 9 years ago...
Under duress 9 years ago I signed a quit claim deed to a man who said it would be better than foreclosure. I tried to sell the home, but could not do so in time. My mother in Missouri had cancer and I needed to be there to take her to her chemo appts that very next week. So I decided to just let the house go. I live in Florida. That is when this quy should up at my moving sale. He said that if I signed the quit claim deed he would sell the house and send me money to Missouri. Nothing was in writing and he never gave me a copy of the deed. I think this is illegal in Florida. I still have the debt in my name and cannot be approved for any credit. Several calls in the beginning yrs he said it would be soon. Only him, wife and daughter there when I signed. Also illegal I think. Any remedy for me or chance to overturn the quit claim deed?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 21 minutes by:
6/24/2010
Real Estate Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
Verified
Good morning,

I'm sorry to hear of your dilemma.

Any agreement with respect to real property, including the agreement you speak of is not enforceable unless it is in writing. Consequently, the court will not enforce the oral agreement you has with the man to send you money after he sold the property.

However, the Quit Claim Deed you signed was valid by itself and all he needed do was file it with the county property records clerk and he then owned all the interest you previously had in the property. He was under no legal obligation to send you a copy, I'm afraid.

I see absolutely no chance for you to have the transfer of your property overturned at this point, I'm sorry.

I wish you and your family the best in your future.

I understand that you may be disappointed by the Answer you received, as it was not favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me. It has been my pleasure to assist you, and would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance.

Best regards,

Doug

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Customer reply replied 8 years ago

From what I have read about Fl real estate law the answer you gave is not accurate. The speed of your response negates the possibility that you even did any research before answering. An arms length transaction did not exist, under duress, no uninterested party present. When I found your site I was hoping to save some money on legal fees. I expected a response that said it would be hard to overturn the deed, but yes what this realtor did was illegal, because that is what the law says.

Real Estate Lawyer: LawTalk, Attorney replied 8 years ago
Good morning,

I already know the law as it regards XXXXX XXXXX deeds and real property agreements. There was no need to research your situation.You were perhaps defrauded, but the statute of limitations for you to sue under that theory has long passed.

Financial duress is not the sort of duress which will allow you to overturn an otherwise valid agreement. The duress referred to in that instance is one of physical duress where physical harm is threatened to you or your property or that of another.

Unless you can show that the Quit Claim Deed was invalid on its face because it was not property executed or witnessed, I'm afraid that you are probably out of luck.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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