Ask Experts Questions for FREE Help !
Ask
    gloper's Avatar
    gloper Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 29, 2009, 07:01 AM
    Invalid quit claim deed
    I was contacted by a title company regarding a invalid quit claim deed for my fathers house. He had originally put 4 heirs on the quit claim. When he needed a 2nd mortgage, the house was quit claimed back to him. Now that the state of CO is trying to take his property and placed him in a nursing home, they discoved that the quit claim by 2 heirs was invalid. Do we have to redo the quit claim, or do we have a legal right to the home. Can the state force us to redo the quit claim? The reason for quit claiming the house to the heirs was to keep the state from taking the hoime as father wanted to leave it for the heirs?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Oct 29, 2009, 07:30 PM
    Quote Originally Posted by gloper View Post
    I was contacted by a title company regarding a invalid quit claim deed for my fathers house. He had originally put 4 heirs on the quit claim. When he needed a 2nd mortgage, the house was quit claimed back to him. Now that the state of CO is trying to take his property and placed him in a nursing home, they discoved that the quit claim by 2 heirs was invalid. Do we have to redo the quit claim, or do we have a legal right to the home. Can the state force us to redo the quit claim? The reason for quit claiming the house to the heirs was to keep the state from taking the hoime as father wanted to leave it for the heirs?


    No one else is jumping in on this and I think I know why - but here are my, probably unpopular thoughts.

    Your father attempted to quit claim his property in order to avoid paying for his future medical care. Am I correct?

    After he signed off on the property he needed a second mortgage so the property was quit claimed back to him.

    Now the nursing home expects to be paid for his medical bills and you want to know if the State can do that and take away your inheritance? You believe the taxpayers should pay for his medical/nursing home care.

    Do I have it right?

    Speaking only for myself - why should the taxpayers pay for your father's medical treatment? So that a piece of real estate can pass to his heirs? If this was his wish he should have transferred the property legally - and deeding it out and taking it back is not legal.

    No one here is going to help you defraud the Government.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 29, 2009, 07:44 PM

    The key here is the timing. I believe the state can go back 5 years to see if assets were transferred to avoid being taken to pay medicare expenses.

    So, if the last quit claim was done less than 5 years ago, the state can void it. Also, if there was a lien on the property (first and/or second mortgage), then transfer of the property without paying the lienholders could void the transfer or be considered fraud.

    This site does not allow or condone illegal activities and it certainly appears like that's what you are trying to do.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Getting a warranty deed if purchased with only a quit claim deed [ 1 Answers ]

My question is regarding a quit claim deed on a property. If a home is purchased very cheap but only has a quit claim deed not a warranty deed. Can a warranty deed be acquired? Or will it always be sold under quit claim deed. Any way to get a warranty deed for a property? Thanks

Special warranty deed and quit claim deed what are they? [ 6 Answers ]

What is the difference bewtween the two and what is the purpose?

Reversal of life estate deed using quit claim deed [ 2 Answers ]

Can a life estate deed be reversed if all remainders sign a quit claim deed in North Carolina?

Valid or invalid equity loan done with quit claim deed [ 1 Answers ]

Could a loan be deemed invalid altogether if the quit claim deed used to obtain power of attorney was invalid? If the loan is considered invalid after the house goes into foreclosure, would the original property owner (before the quit claim deed was done) be able to reverse foreclosure and get...

Corrective Deed, New Quit Claim Deed, or See an Attorney? [ 4 Answers ]

I have a major problem with a quit claim deed that was done regarding my father's property. The intention was to put me in the deed but as an heir to the property, not as a co-owner or anything like that. So, a quit claim deed was filled out and recorded at the clerk of the circuit court. However,...

View more questions Search