QUESTION
What can be done on a possible fraudulent quitclaim?
Asked on Aug 30th, 2016 on Estate Planning - Indiana
More details to this question:
I'm looking to buy a house from a guy who had signed a quit claim to the previous buyer who defaulted on his contract. The owner of the house wants out of the property and the previous guy basically coerced him into signing saying that the government was going to come after him for the back taxes. He signed it but before his lawyer filed it, he signed a paper withdrawing his consent because the previous buyer never paid him a dime and we explain to him what the guy was trying to do. Somehow, he got the city to accept and file the copy of the quit claim not the original. Is this fraud and can we go after him to get the property back out of his name? The papers signed for the withdrawal of consent were drawn up and signed before the guy filed the copy and got the deed transferred.
1 ANSWER
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
"We" can't do anything. You would be unwise to buy the house without title insurance, and it would be up to the seller to take care of title problems that would allow that to happen. There is nothing YOU can do, or should do, to get involved with this mess; it is your seller's job to straighten it out. Also, the city doesn't "accept" anything; deeds are filed with the county recorder.
Answered on Sep 26th, 2016 at 11:39 AM