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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I signed a quit deed claim to my husband in 2010. A lien was

Customer Question

I signed a quit deed claim to my husband in 2010.
A lien was placed on this property in 10-2012 for non payment of state taxes.
My ex husband never told me about taxes owed or the lien.
He filed the deed in December 2012.
My ex husband waited two years to file the quit deed claim.
The document filed no longer has accurate information. I am divorced and remarried.
The Notary that witnessed the signing license expired in June 2012. There was a tax
lien on property when he filed
Is the quick deed valid at this point?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am a real estate attorney and am happy to assist.

Yes, the deed is actually valid. I know it doesn't seem like it might be, but the deed is valid and can be recorded at anytime, as long as nobody else filed a deed.

My one question is regarding the lien. Was this a lien for HIS taxes or the property taxes? If it was his taxes then that lien can probably be removed because it was placed on there when he was not the owner of record yet. The deed wasn't recorded yet.

The notary is fine too. As long as it was executed while the notary was valid, it's still valid to record it later.

Please let me know if you have any questions about this.



Customer: replied 1 year ago.
My question is this can he file the quit deed after there is a lein on the property for state taxes.
Technically the state had ownership of the property at the time he is transferring ownership from me to him.
Also there is mortgage on this property in both our names.
Customer: replied 1 year ago.
If i had known about liens or taxes owed ect. I wouldnt have signed a quit deed
Customer: replied 1 year ago.
sounds to me like fraudulent use of the quick deed claim?
Customer: replied 1 year ago.
My question is can I contest the quick deed claim at this point?
Expert:  KimberlyLaw replied 1 year ago.

Ok so I answered all that above.

The quit claim deed is still valid, and it is valid from the date it was executed. The date that it is registered is not the valid date. That just registers the date that the deed was dated. So his transfer actually happened before the lien. So you can't contest the quit claim deed.

If you gave him a lien with a loan in your name, that will be an issue for the bank, once they find out. Technically you aren't allowed to transfer your interest if you have a mortgage in your name.

Although a lien does give the state certain ownership rights, it isn't full ownership, because the owner still has the right to pay them the back taxes. Once it is redeemed the state ownership no longer exists, so it is a temporary right, sort of like a mortgage, rather than full ownership rights.

I understand that you want to reverse this, but unfortunately this is not fraud. Someone can hold onto a deed for a long time before filing it and it is still valid. The issue is really that you were not supposed to have done a deed if you had a mortgage. So you are still liable on the mortgage, even though your name is ***** ***** the deed.

Let me know if this is clear.


Expert:  KimberlyLaw replied 1 year ago.

Hello, I just noticed that this question is still open.

I hope my answer was helpful. Please be sure to rank my answer so that I get credit for my work with you. A positive ranking in the top three would be appreciated.

Thanks and take care,