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    lmblocker's Avatar
    lmblocker Posts: 5, Reputation: 1
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    #1

    May 30, 2009, 12:07 AM
    Quitclaim Deed
    A friend of mine was duped into signing over a home via quitclaim deed to a real estate person who stated that she was able to get him a loan so that he could pay off his cousin (who quitclaim the house to him) and make repairs on the home. Now my friend has been ill and not been able to keep up what he thought was his mortgage payments (I told him that since 1996 he been paying rent, he doesn't own the home). The real estate person had threaten to evict him by 6/30/09. My questions are: After looking at public records, the mortgage she obtained was gotten under false pretenses, am I correct? The real estate agent had no lease agreement with him. Can she just put him out? Should he seek the advice of an attorney?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 30, 2009, 05:07 AM

    What evidence of the agent lying do you have. What type of contract or mortgage paper work was signed.

    If he just signed over the home quitclaim with no other paper work to prove, it will be a "he said, they said" issue that a judge will have to guess at.

    If the deed is in the real estate persons name, and there is no lease, yes they can merely be evicted since they are just a month to month renter.

    1. was there a mortgage on the home when the quitclaim was signed to the real estate person. Was the cousin ever paid off?

    2. what type of money exchanged hands at the time the quitclaim was done.
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    lmblocker Posts: 5, Reputation: 1
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    #3

    May 30, 2009, 05:17 AM
    1. There was no mortgage on the home when my friend received it. Yes the cousin was paid off by the real estate person.

    2. My friend said the transaction was 70,000 to the cousin. 45,000 to someone to do improvements on the house and he doesn't know what happened to the rest. The real estate person had the funds and she did the transactions.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 30, 2009, 05:33 AM

    Sounds like the home was sold, the cousin paid off. That is what the real estate agent will show the court if sued I am sure.

    They can try and sue the real estate agent, but without any documents and proof, it is going to be hard.
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    lmblocker Posts: 5, Reputation: 1
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    #5

    May 30, 2009, 06:15 AM
    Looks like my friend is in a no win situation. How unfortunate. People have no shame in today's society. Thanks for your answers to my questions.
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    lmblocker Posts: 5, Reputation: 1
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    #6

    May 30, 2009, 06:22 AM
    Quitclaim Deed
    Do both signatures (Grantor and Grantee) have to be on the quitclaim deed for it to be a valid transaction?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    May 30, 2009, 06:54 AM

    Just the seller is on the deed. *(*all the ones I have done)

    I has to be filed, has it been filed at the recorder of deeds
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    lmblocker Posts: 5, Reputation: 1
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    #8

    May 30, 2009, 07:06 AM
    Yes, I located a copy from public records. I have been doing some research with the Georgia Law. I have some Georgia Law information regarding Tenancy at Will. The owner put the property up for sale and has given my friend 30 days to vacate. Georgia Code Title 44, Chapter 7 states that 60 days notice is required from the landlord under those terms.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    May 30, 2009, 07:15 AM

    Well 30 days or 60 days, if he does not move, they file eviction.
    A real estate attorney should look over any and every paper that was done.
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