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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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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: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.

When was the quit claim deed recorded?

Customer: replied 1 year ago.
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Expert:  legalgems replied 1 year 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.

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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.