Desparate Help on Quit Claims & Land Patents

[denise4554]

I did a very stupid thing. My husband had just passed away in July and I was trying to get a loan to start a new business. I own 15.92 acres which are free and clear. I do not live on this land. A "friend" offered to get a loan on it for me, with his credit, so I Quit Claimed it over to this "friend" of the family. He told me 2 weeks ago that the most he could get out of the land was 50% of its worth, so he chose not to do it. After repeatedly asking him to sign it back over to me, he informed me today he would not do it as he needed a loan to get him out of financial trouble. I am ready to file my land patent sandwich on Thursday. I plan on keeping my mouth shut about it for 60 days. Then there will be no recourse for him, and the land will be of no worth to him. My question is... Does anybody know if there is a way to take BACK a Quit Claim? No money was exchanged. No receipt. I totally took this "Friend at his word. I am so mad at how gullable I was but equally as mad at his treatment of me and my kids! We are in a terrible situation to begin with and this makes it even worse. If you have any ideas PLEASE SEND HELP!!!

Thank you!

[palani]

On something like this I would think time would be a factor. It helps that it is a recent transaction. Send him a registered letter asserting your claim that he provided no consideration for the document he holds and there is no contract as a result. Use a return receipt and seal it and send it in front of at least two witnesses. You might advise him of your opinion of what the fair market value of the land is and what you would reasonably expect from him for the transfer to be valid. Give him 10 days to respond. Get affidavits from the witnesses.

After 10 days place 3 weeks of public notice in the newspaper to the effect that this quit claim is not valid because there was no consideration in exchange. Take the receipt the newspaper gives you, a copy of the letter that you sent to your 'friend', the return receipt and your witnesses affidavits and record all of them in the recorders office.

This is not legal advice but might help establish that the quit claim is not valid. Choose your friends more carefully in the future.

[gldskr]

I'll assume that the land was previously recorded. Because of this the land is statutorily regulated and your "friend" does not have clear title yet. He will need to file a quiet title action.

The quitclaim simply relinquishes your interest in the property, but clear title does not immediately vest with him, as there may be encumbrances unknown to you.

Did the language of the deed contain the words "grant, bargain and sell"? If so, then you have assigned your land patent rights to him and subsequent filing by you would be worthless. On the other hand, if there was no consideration the transaction is void. Is there language similar to "for one dollar and other valuable consideration"?

In any case you had a conditional finance agreement with him, which although oral, is still valid. He has breached the agreement and you have a claim, but without consideration the question may be moot.

gldskr

[denise4554]

I will be going down to the court house today and I will send a certified letter to him.

Something I did not notice was that he had written in that he 'paid' for the land in the sum amount of $10.00. I wrote up the rest of the quit claim and put in a zero with a slash through it. He must have added the $10.00 when he was signing. So there are two amounts 0 and $10.00. When I brought this up he said he gave the money it to me but it went to the county clerk for recording fee. I did not receive a receipt from him for a $10.00 payment and I did not give him one.

The quit claim reads... Me as grantor, hereby quit claim to Him, as Grantor...

I do not want this to end up in a law suit with this joker and he has already threatened. By sending the certified letter, which will set him off, will I be looking at him trying to sue me over this?

Denise

[KarenM]

Your situation does NOT warrant do-it-yourself legal work.

You signed a valid document conveying all of your interests in the land to him.

You need serious legal assistance to go through the steps needed to void the transfer.

[denise4554]

That is exactly what I was afraid of. I am going to send the letter at least to see if his intentions will be honorable after he aquires his loan and has paid it off. If not, I lose. I do not have the income to support one lawyer let alone 2.
The stupid thing is...we were all Plaintiffs in a law suit and then he started going around to other lawyers and freaking out instead of hanging tight with the one we have! I know how our lawyer is going to get the title company and the mortgage company (found it here on SuiJuris) and I am so excited!
Anyway, if my stupidity lost me my land...so be it. I did it with trust and sincerity. It will bring no pleasure to the thief, his pay day will come.

Thank you for your responses! I will let you know what happens.

[onesentient]

Oh Denise, my thoughts are with you hon!

[David Merrill]

Mainly the power of the entitlement is residing in public notice and grace - called a "quiet title action" above in one of the posts. In summary, you quit claimed the property for use of his credit; and he misused your trust - and that quit claim deed was an act in trust. It is worthless.

Therefore if there is a way to know who he is applying to for the loan, using falsely held collateral, then you could notify them that the quit claim is faulty - bad faith. You have a copy of the quit claim deed? Refuse it for Cause and publish the Refusal for Cause at the county clerk and recorder, putting a copy in the US courthouse for $39 - a miscellaneous filing fee.

Things like that.

I can back this all up better later. Otherwise you should continue owning your land in complete entitlement. Read Matthew 18 and go try to dissolve the quit claim with a witness, or whatever the next part of the process is. Attorneys are the last step and a poor decision any way around it.


Regards,

David Merrill.

[denise4554]

Oh Bless you both! One for the support and second for the information! I will be able to do that on Monday! I am on a mountain working and will not get down in time. This is so exciting! I will read Matthew! I was reading the other day and came upon the scriture in Romans the reads (something like....) 'But as spoken before...No eye hath seen, nor ear hath heard, or thought entered into the heart of man, what God hath planned for thee!' That was such a relief! Once again in my life it has been driven home - don't put your trust in the arm of flesh - only the arm of God. Thank you again! This is a wonderful site for education and learning! I will let you know !

[blu3duk]

Pardon the tongue in cheek here, but this sounds something like the honorable? Larry craig would do..... take a wide stance and retract the paperwork already submitted...

If you would have had a written contract with the party you gave the quit claim to, or a witness to what transacted then you would be all the better off, possession is nine point of the law... he has possession of the sign of your nature on a paper quiting the claimed property, if not challenged within 30 days of recording the contract becomes binding in most jurisdictions..... that said he committed fraud upon you, and no profit can come out of fraud.... but no judge will allow you to claim fraud more than likely without a witness to the transaction......

you could ask for the production of the valuable considerations,,,, ergo the money he was supposed to get for you which in turn would have gotten him the property after he paid the loan off...... the verbal contract should stand if you have a WITNESS..... go find your witness.

William
Central Idaho where men are men and one US senator takes a wide stance on his not really wanting to play brokeback bathroom now.