Undoing A Quit Claim Deed
You might also file suit in court to try to prove that the grantor was incompetent or pressured into signing the deed.
Undoing a quit claim deed. In the grantee space all people who will be owners when the deed is executed should be listed. Reversing the process is a simple matter of creating another new deed. If a parent uses a quitclaim deed to sign over the title to their home to a child and that child records the document the parent no longer owns the home. If your brother quitclaimed the property to you and the deed was notarized and recorded then the deed is legally valid.
In the grantor space the current owner s of the property should put their names. Divorce settlement states if he fails to do this it goes to judgement but it is open ended though i was assured in january he had a mortgage at that time lined up and it would take 45 days. A quitclaim deed is nearly impossible to undo once it has been signed and delivered to the grantee. In order to do that he has to prove that he signed the deed under pressure or under false pretence.
Once the transfer is complete there is no way to nullify or undo a quitclaim deed unless both parties consent to the arrangement. If the original grantor does agree to take back the property you. If you draw up a valid quit claim deed and record it you cannot reverse the transfer of property interest unless you prove to a court that it resulted from fraud or other illegal influence. It is very important to talk to a lawyer before you sign the deed.
If someone tricks you into signing a quitclaim deed they may be found guilty of. This time the deed transfers ownership from the trust back to you individually. Because you are the trustee you have the power to do this. This means the person who was previously quit claimed off the deed plus the person s who remained on the deed.
My name is still on the mortgage until i sign a quit claim deed and my name is removed and he pays me the equity we agreed on. If a quitclaim deed is challenged in court the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property. The easiest way to cancel a quitclaim deed is to create and file a new one transferring title back to the original owner but this requires the consent of all parties to the deed. I don t think removing you from the title and getting it back in his name would be easy for your brother.