Log in

View Full Version : Quit Claim


robinboyd9
Aug 9, 2007, 11:23 AM
In settlement proceedings with my x-wife, I agreed to sign a quit claim deed, leaving the marital home to her. In mediation she agreed to accept the debts and emcumbrances on the home. The divorce decree states that the quit claim deed was to be placed with my attorney until she obtained a loan refinancing the property solely in her name.

I signed the quit claim deed which was prepared by her attorney (with no notary prresent) and gave it to her. She had a friend of hers notarize the quit claim deed without validating my signature and then proceeded to file the deed with the county clerk. The mortgage holder was not notified either.

What do I do from here?

ScottGem
Aug 9, 2007, 11:27 AM
So why did you give it to her and not your attorney?

I assume both your names are on the mortgage. You need to go back to the court have them enforce the order to obtain financing. Otherwise, if the mortgage holder finds out about the change in title, they may call the note and they don't care about divorce decrees, your name is still on the loan.