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-   -   Another quit claim fiasco (https://www.askmehelpdesk.com/showthread.php?t=134864)

  • Sep 28, 2007, 10:39 AM
    cerisa
    Another quit claim fiasco
    Older son who lives in another county holds title to a property, it is investment property which all the family share expenses on.
    His brother had a long term lease option on the property which he excercised .
    Son #1 was offered a lower rate on the mortgage which was in his name alone.
    He filled out paperwork, was told loan couldn't go through because property no longer in his name.
    Two months later loan goes through. He assumed his brother signed it back to take advantage of lower payments. Brother did not, he did not want loan. Now, two years later they compare notes and find the signature and thumbrint on notarised copy of deed are forged. They had a fingerprint expert investigate this. Notary at loan co. claims that someone at office must have used her stamp. The loan was sold to another bank by loan company. Is the loan invalid? Does it all revert back to pre-loan status? The county recorders office says it needs to be set aside by a judge, can it be done in small claims court, just declaring the notarised signature and print invalid.
  • Sep 28, 2007, 11:27 AM
    ScottGem
    I'm confused. Son #1 held title to property. Son #2 has long term lease. Who holds the mortgage? Who is now on the deed? Who transferred the deed to whom?

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