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    bikerboyroyiii's Avatar
    bikerboyroyiii Posts: 2, Reputation: 1
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    #1

    Apr 21, 2009, 07:42 PM
    Fraudulent quitclaim deed
    1st American Title Insurance Co. processed a quitclaim deed on my mother house in 2001. The paper was supposedly signed by my mother in 97 however my mother died in 96. Can I sue the company for filing a fraudulent deed? If so, what will happen to the mortgage of my sister who presently lives in the house if the deed transferred to her was not valid?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 21, 2009, 07:44 PM

    Was the deed to your sister.

    You can sue the person who got the property, and perhaps the title company if they were aware, but they may have only did the paper work

    So you can sue the notory who signed it, and the owner of the property, since it is the current owner who would have done the fraud
    bikerboyroyiii's Avatar
    bikerboyroyiii Posts: 2, Reputation: 1
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    #3

    Apr 23, 2009, 03:57 PM
    Quote Originally Posted by Fr_Chuck View Post
    Was the deed to your sister.

    You can sue the person who got the property, and perhaps the title company if they were aware, but they may have only did the paper work

    So you can sue the notory who signed it, and the owner of the property, since it is the current owner who would have done the fraud
    The deed was to my baby sister. My older sister, now deceased, had a real estate friend help my baby sister get into the house. I don't think the friend was honest. I don't want to sue my baby sister who was just 18 when she got the house. She is on the brink of losing the house and although she can come live with my wife and I, I hate the thought of losing Mom's house.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 23, 2009, 04:19 PM

    There are two questions here;

    1) What does the county registrar of deeds show on the title.
    2) When your mom died how was the property dealt with as part of her estate.

    I'm also wondering if the deed was RECORDED in 1997, but signed in 96. If mom's signature was notarized, I doubt if the notary risked their license in this manner. So I suspect there is more to this situation then you are either aware of or letting on. I suspect the deed is valid.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Apr 23, 2009, 07:47 PM

    Did your sister give the bank the mortgage? If so, the validity of the mortgage may be in question.

    Since it has been 12 years, and depending on your state's statute of limitations, it is possible that it might be too late to contest the QC deed. This is one of thise times where it would really be a good idea to consult with an attorney in your jurisdiction. The attorney would be able to look at all the pertinent documents and advise you better. Attorneys frequently don't charge for an initial consultation.
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