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Bill Attorney
Bill Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 1296
Experience:  Attorney
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I need to know what kind of paper work one would need to

Customer Question

I need to know what kind of paper work one would need to have to file a lawsuit on real estate. My sister signed over a quick claim deed to her property about 11 years ago to her son so he could get back on his feet thinking this would help him. He was to return the property back over to her and her husband once he got his business going. It was to be returned within a year and once he had the property in his name he then refused to return it to them. Soon afterwards he then evicted them from the property. My Mother gave the money to my sister for this property. She did file some paper work and then quit because she did not have the funds to continue. What can she do and what paper work does she need to start this lawsuit? I was told from an attorney at one time recently that a lawsuit could be filed. Since this time the son has now quick claimed the property over to his daughter. He has also sold another piece of property that was involved in this. ***** *****
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I'm sorry, I forgot that. It is Washington State
JA: Has anything been filed or reported?
Customer: It was sometime ago. What year I am not sure. I was also told by this lawyer that the 'Statue of Limitation's" could also be worked around due to the circumstance of the case.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Since they don't have the money to hire an attorney, if we knew what paper work to come up with that would be very helpful.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Bill Attorney replied 2 months ago.

Dear Customer ,

Thank you for posting your real property law question today.

The action your sister and her husband would file is an action for quiet title to the property in WA STate.

She needs to file a petition in the Superior court for quiet title based upon contract.

She can also file a petition under the laws of equity, promissory estoppel and unjust enrichment for the the transfer of the property back into her name.

Because the son should have returned the property to your sister under contract he may have committed a criminal offense of fraudulent property transfer.

This can be reported to law enforcement.

"a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation."

Please follow up with me where you require more information.

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Thanks

Attorney Bill