My motherinlaw has gotten my husband to quickclaim his name off our property in good faith that she would put him back on. She never did and is now evicting us off our own property. What can we do?

You are using the wrong terminology, fight4justice, lis pendens is the formal notice that starts the foreclosure process and I don't think you mean that.

It seems to me that what she accomplished was fraudulent activity, so I guess you need a good lawyer. I suggest you hire one.

I think there is a little more to this then you let on, though, and if you want us to answer your inquiry properly you should let us know the reasons behind her actions.

Tick

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Originally Posted by fight4justice

My motherinlaw has gotten my husband to quickclaim his name off of our property in good faith that she would put him back on. She never did and is now evicting us off of our own property. What can we do?

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A lis pendens is notice that a lawsuit has been filed affecting title to real property. In other words you have to file a lawsuit. If she isn't planning to sell the property any time soon, a lis pendens would do you no good, because it wouldn't derail a sale.

You need to see an attorney about getting this quit claim deed set aside.

I would still file a lis pendens in this case. If the OP files a lawsuit to set aside the quit claim deed then the mother-in-law may try to do a quick sale to get rid of the property. A lis pendens will lock up the property and prevent her from selling or financing until the matter is resolved.

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Originally Posted by LisaB4657

I would still file a lis pendens in this case. If the OP files a lawsuit to set aside the quit claim deed then the mother-in-law may try to do a quick sale to get rid of the property. A lis pendens will lock up the property and prevent her from selling or financing until the matter is resolved.

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Maybe. But the important thing is the lawsuit.

I'm not impressed by what the OP says about the merits of such a suit. Her husband transferred the property to his mom with the understanding that she would transfer it back to him? Why? Sounds fishy.

Yes, I agree that the lawsuit is the important thing. But it's also important to protect that property until the lawsuit is resolved.

And yes, it does sound fishy. But there could be a legitimate reason. And if the OP's husband can prove fraud then the deed will be set aside.

When your husband signed a QUIT Claim deed, he transferred the property to your M-I-L. Unless you can prove that there was an intention to return the property, its now hers and she can do what she wants with it.

It might help us help you if you explained more about why the quit claim was done.