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    homebuyer08's Avatar
    homebuyer08 Posts: 7, Reputation: 1
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    #1

    Nov 29, 2008, 12:22 AM
    Who Is Rightful Owner in a Quit Claim Deed?
    My husband and I are renting a home in FL from a landlord. We have occupied the residence since June 01, 08. We received a visit from the "original owners" who are husband and wife stating they signed a quit claim over to our landlord under false pretenses. The false pretense being they were tricked into thinking our landlord would help them sell the house not aware they in essence signing the property to our landlord. The question my husband and I have is: 1) Who is the rightful owner of the property and 2) Who would we purchase the property from?
    Ferghus's Avatar
    Ferghus Posts: 97, Reputation: -4
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    #2

    Nov 29, 2008, 12:52 AM
    Quote Originally Posted by homebuyer08 View Post
    My husband and I are renting a home in FL from a landlord. We have occupied the residence since June 01, 08. We received a visit from the "original owners" who are husband and wife stating they signed a quit claim over to our landlord under false pretenses. The false pretense being they were tricked into thinking our landlord would help them sell the house not aware they in essence signing the property to our landlord. The question my husband and I have is: 1) Who is the rightful owner of the property and 2) Who would we purchase the property from?
    Whoevers name is on the title. This is why in most realestate transactions, a title company is hired and a title search is done, to make sure who the actual owner is, and to find out if there are any "leans" against the property. A person might say they own a property, but someone else, a person, a bank, etc... might actually hold the deed. There could also be a carpenter, plumber, etc... who did work on the home but did not get paid, and might have filed a lean against it... in such case, the lean must be dealt with before the deed could be transferred. Sometimes such leans have to be decided in a court of law.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Nov 29, 2008, 08:46 AM
    The rightful owner of your property is your current landlord at the moment. But if these people have a good claim against him they can file a lawsuit to have the deed nullified. If you are looking for a house to buy then I would stay away from this one.

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