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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9415
Experience:  Since 1983
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My niece had her mother, my deceased brother's widow, sign a

Customer Question

My niece had her mother, my deceased brother's widow, sign a quitclaim deed stating she had to have her name on the title to her mother's property in order to qualify for a loan to pay her back what was owed on
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: the property held in her mother's name. She did not disclose to my elderly,
JA: Has any paperwork been filed?
Customer: infirm mother that the value of the property had increased over twice since
JA: Anything else you want the lawyer to know before I connect you?
Customer: the daughter began occupying her mother's property. The quitclaim deed treated the transfer of title as a gift showing no documentary tax was owed.
California. Yes I retained an attorney to stop my niece from getting an equity loan now that she held the title, otherwise she wanted to open an escrow and get the equity out of the property I believe she wanted to use for her personal gain. The niece had not fulfilled the terms of a land use agreement and skipped paying her mother for years; however she did have an installment promissory note prepared showing she owed a low ball amount for the property. I know she should have paid documentary tax to the County of Riverside. Does the fact that the quitclaim deed doesn't reflect the fact that money is involved nullify the quitclaim deed? Can the County nullify the quitclaim deed so my brother's widow can get her property back?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

I am sorry to hear this.

The County is unlikely to help unless APS gets involved.

Your Aunt can file an action to cancel the deed and quiet title and it sounds like she has a claim for financial elder abuse.

She can get a free consultation from some of the local elder law attorneys listed by location here.

Please have her follow up on this with a local attorney as soon as possible, I believe it is important to get a case filed so she can record a notice of pending action, that will prevent her daughter from selling or borrowing against the property until the case gets resolved.

I hope this information is helpful.