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If it is proved that a grantor had dementia at time of signing quitclaim deed what happens to property?
Chinesefunk
That decision would need to be rendered by a judge. The deed is null and void and the property remains in the estate of the owner.
Wiki User
∙ 14y ago
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What happens if a person has a quitclaim deed and the original owners did not give up ownership of the property?
A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.
Can a married couple quit clam property to one another being both the grantee and grantor?
No, a married couple cannot quitclaim property to one another, as they both have an existing legal interest in the property as spouses. However, they can transfer their interest in the property to a third party through a quitclaim deed. Alternatively, they may consider other types of property transfers, such as a warranty deed or a marital property agreement. Consulting with a lawyer is advisable for guidance in specific cases.
If you are married to an illegal immigrant and own a house then you divorce what happens with the house?
You should get a quitclaim recorded by the ex-spouse if they are on the title. The mortgage in your name will still be payable. As far as I know, foreigners can have ownership in property in the US
In Oklahoma property law what happens when a life tenant quit claims to one of the remaindermen?
Conservative view: If the life tenant conveys ALL of her right, title and interest then the property is free of her interest and the remaindermen own the fee free and clear. The release should have gone to both remaindermen. If the release doesn't specify ALL her RT & I, or that she intended to release her life estate, then there might be a question of what she was releasing. On the other hand- a quitclaim deed releases any interest the grantor has in the real estate. So that may have cleared the title of her life estate.
What happens when the person who acquired the property by quitclaim deed doesn't make their payments?
It sounds as though you sold land and took back a mortgage. If so, you can foreclose on the mortgage and take possession of the property if you reserved that right in the mortgage. You should consult with an attorney in your area since state laws on this issue vary.
What happens to a warranty deed if the grantee has failed to execute which is otherwise properly drafted and delivered?
The grantor executes the deed. Once it has been properly executed and delivered the grantor no longer owns the property. If the grantee doesn't record the deed in the land records they are creating a title defect that will be costly to clear up if the deed should become lost. Grantees who don't record their deeds are foolish in not taking advantage of a system that would defend their title to land against the world. An unrecorded deed robs your rights and the rights of your heirs to the absolute ownership of the land. On the other hand, if you mean what happens to a properly executed deed if the grantor hasn't signed it- it is worthless if not fully executed by the grantor.
Can joints be broken?
Yes a joint tenancy can be broken. You prepare and execute before a notary public a quitclaim deed to yourself. You record the quitclaim deed with the County Recorder in your county. You do not have to inform the other party or have a discussion before this happens.
What happens to the outstanding mortgage if the owner dies and you are the grantee on a quitclaim deed to the house?
A quitclaim deed is used to transfer interest in real estate from one party to another. I assume the former "owner" transferred their interest in the house to you and you recorded your deed in the land records. You now own the property subject to the mortgage. If it is not paid the lender will take possession of the property by foreclosure. You should have an attorney review your title and advise you of your options. Most mortgages contain a due on transfer clause whereby if the property is transferred the lender can demand payment of the note in full. You may need to refinance in your own name. The attorney can advise you.
Can joint tenancy be broken?
Yes a joint tenancy can be broken. You prepare and execute before a notary public a quitclaim deed to yourself. You record the quitclaim deed with the County Recorder in your county. You do not have to inform the other party or have a discussion before this happens.
What happens if an executor does not have a power of attorney document?
A power of attorney expires on the death of the grantor. The executor needs a letter of authority.
Dealing with Dementia?
Dealing with dementia can be challenging, but creating a supportive and structured environment can help. This may include establishing routines, simplifying tasks, and providing clear communication. It is also important to encourage independence as much as possible and seek assistance from healthcare professionals and support groups for guidance and emotional support.
You divorced- signed a quit deed and still remained on the mortgage. What happens when the ex-spouse dies?
In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.
