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speedball1 · Jul 9, 2013, 08:05 AM

Hi guys! This is my problem. A few years ago I hope up with a lawyer who I found to be not honest and after catching this person in so many lies. I terminated the relationship.
Before I terminated the relationship I came down we shingles. The pain was so intense. My lawyer took me to the hospital. But before we got there we stopped at a bank and my lawyer told me that before I could be signed into the hospital I had to sign a notarized document. Later I found out this was not true periods. The pain was so intense that I didn't know what I was signing. Later, my wife and I were talking about it and figured the only notarized document that I could have signed would be a quick claim deed to the family home. I had lived in the past 58 years.
My question is this. Can you give me directions on how to access public records to find out if a quick claim deed against me is filed? Another lawyer what the charge. Me $100 to check public records.
Since they are public records. I should be able to access them myself. Can you give me directions on how to do this? If I find out that this lawyers had me sign a deed when I was not capable of knowing what I was signing what would be my course of action? There is more you this story, but the the, but I am most interested in.
Can anybody help a fellow expert? Thank you in advance for any replies. Regards, Tom aka Speedball1

joypulv · Jul 9, 2013, 08:11 AM

I doubt it was a quit claim deed. Possibly something to do with Medical Directive or Power of Attorney in medical emergencies. The bank might have it on file, whatever it is/was, or they might have just had a notary there who your lawyer used.
Any changes or additions/liens to your deed are on file in the town or county deed office, and you have access to your own or to anyone's, in big bound books. That's easy!
Finding out what you signed is going to be harder. If the bank doesn't know, probably only the lawyer knows.
You could also ask the hospital to look in the medical records from that time for a medical directive.

hkstroud · Jul 9, 2013, 08:16 AM

Hi Tom,

Certainly no expert here but you can go to court house, land records division and search records. Should be able to find under your name as grantor or his name as grantee.

Best thing to do would be have a title search done by a title company. Cost a few hundred but you don't want to take any chances on something like this. Any real estate lawyer should be able to refer you to a title search company.

In case Joy is right about POA you might also want to ask an attorney about rescinding all previous POA and give POA to you new bride. Might also ask your bank if they have a POA on file?

Wondergirl · Jul 9, 2013, 08:29 AM

I've been able to, with only a phone call, get information about and a copy of the deed for my house from my county office. Phone calls to your bank and hospital should also be sufficient to get any information about any document that you signed and is now on file. ***ADDED hkstroud is right on the money.

speedball1 · Jul 9, 2013, 08:30 AM

Thanks Joy,
I should have explained that my lawyers, that I trusted, had me make out a new will. Since my family lived over 100 miles away. I gave my lawyer, medical power of attorney and made her my executor. Since she already had medical power of attorney, what did I sign in that bank that had to be notarized? Any ideas? Regards, Tom

speedball1 · Jul 9, 2013, 08:36 AM

Thanks Harold what's aPOA? Thanks for responding, Tom

speedball1 · Jul 9, 2013, 08:50 AM

Then do you think that this is something I cannot do myself? What would you suggest? A real estate lawyer, or a title companie? My fear is that this lawyer can take and force my wife out. What is my best course of action? I have already made a new will, leaving to my daughter to pass down to my family giving my wife permission to live in my home rent free for as long as she wishes.
Another question. Does the new will giving my house to my daughter supersede any quit claim deed I might have signed back in 2011? I thank you all for your help and advice. Tom

Wondergirl · Jul 9, 2013, 09:04 AM

Originally Posted by speedball1

Thanks Harold what's aPOA? Thanks for responding, Tom

It means Power of Attorney - can be limited or no limits, is usually for property. I had an unlimited one for my uncle who was in a nursing home, and could sign in his stead, do his banking for him and even sell his house and car if I had wanted to. Of course, I was ethical and moral and used the POA only for his benefit and included him in all decisions.

Fr_Chuck · Jul 9, 2013, 09:46 AM

First you can hire another attorney to demand to see the papers you signed.

For the deed, just go to the recorder of deed and see if there is anything signed.

If wife is on deed, she would have had to also sign.

Most likely a POA, to allow him to do something. You can write a letter revoking any POA with him, and send him a copy, send a copy to bank, file one at court house and so on.

AK lawyer · Jul 9, 2013, 09:58 AM

Originally Posted by speedball1

... Another question. Does the new will giving my house to my daughter supersede any quit claim deed I might have signed back in 2011?...

No. If you signed such a deed, the property would no longer belong to you. By a will, you can only leave those assets that belong to you when you die. If you had executed a deed, the property would no longer be yours.

You appear to be way over your head here. See an attorney. Please.

hkstroud · Jul 9, 2013, 10:07 AM

See an attorney. Please.

I agree. If for no other reason, because we are all guessing what the document could be.

P.S.
Certainly not trying to play legal beagle here but something like this could take some time to straighten out. Therefore, I would draw up a notarized statement to the effect that on such and such date, I signed certain documents in the presence of so and so, attorney at law. At time due to my medical condition, extreme pain and medication, I was incompetent to make any decision.

That document might not have any legal merit should something come up at a later time but it won't cost anything and certainly won't hurt anything.

speedball1 · Jul 9, 2013, 02:06 PM

Another question. What if I sold the house? If I signed over a quit claim deed my wife would that supersede the old document I signed? How can I resend the old quitclaim deed? There has just got a be something I'm missing. Can anybody come up with the answer? I think all of you for your concern and advice. Tom
BTW I'm using Dragon speak where I speak and it types. Sometimes the words come out wrong. I'd try to get any mistakes, but if I miss a word. Please bear with me regards to all, Tom

hkstroud · Jul 9, 2013, 02:25 PM

No.

Tom,
Right now you don't know that you signed any kind of deed.

As AK Lawyer said, discuss this with your lawyer.

joypulv · Jul 9, 2013, 02:27 PM

FIRST thing you do (for free) is go to the deed office in your town and see what's on file for the address of the property in question. Answer back.

ScottGem · Jul 9, 2013, 03:16 PM

Is your wife on the deed as co-owner? If so, then it could not be a deed since she would probably also have to sign. You could only sign a deed conveying your share of the property.

But, as noted, you can go down to the county recorder of deeds to see the public records of ownership and yes you can do this yourself.

My guess is you signed a POA and you can revoke that at any time.

LisaB4657 · Jul 11, 2013, 05:20 AM

Tom, if you signed a deed the only way to get it rescinded is to prove in court that this person committed fraud.

I understand why you might wish to try and handle things yourself here but you really need to get a lawyer asap. You could have signed just about anything without knowing it and you really have no way to protect yourself without a lawyer. Please get one.

speedball1 · Jul 11, 2013, 08:03 AM

My wife and were not married at the time I signed the document. I was told by this person. The only way she could get me in the hospital was if I signed this document and had it notarized periods. The pain was so intense I would decide anything to make it go away. Since I am sight impaired . I simply scribbled my name and then we left. I find out later that I didn't need to sign anything, let alone have it notarized, to get me to the hospital. The only thing that we can think of that need to be notarized was a quit claim deed says she already had medical power of attorney and doable power of attorney. What ever it was. I signed I was tricked into signing it. I wanted to thank everyone who responded to this thread. You have all been very helpful. Thank you so much. Tom