How to Dispute a Quit Claim Deed
A quit claim deed is a legal document that states an individual who previously had ownership rights to a piece of property is willing to give them up, typically to another individual. Used often in divorces and property settlements, quit claim deeds do not involve monetary transactions, although money may be exchanged during the transfer of ownership. The deed itself is merely a legal statement that the person is no longer interested in owning the property under discussion.
Understanding Quit Claim Deeds
Quit claim deeds are designed to expedite things and make them simpler. Rather than having to go through a lengthy transfer process should you go through a divorce, for example, signing a quit deed lets one person take over the mortgage and ownership very quickly. Unfortunately, because they are so convenient and simple, quit claim deeds are subject to more fraud than many other types of legal documents. It’s very, very common for quit claim deeds to be forged or otherwise falsified, either by someone who wants ownership of the property, or by someone who is just trying to simplify a complicated legal mess.
Disputing a Quit Claim Deed
Because they’re so subject to falsification, quit claim deeds are also relatively easy to dispute. Should you find yourself faced with a deed that does not seem valid to you – either because you suspect fraud or because you believe the information on the deed is not factual or legal – you shouldn’t hesitate to begin a legal dispute over it. Doing so is actually relatively simple and is not a complex, high-level process: it merely involves a great deal of research.
- Basically, if the deed concerns a piece of property, then you will need to dispute it by proving its falsity. This likely means speaking to real estate agents, brokers, or other professionals involved, and attempting to get a history of the property if such information would help prove your point.
- If the issue is a suspicion of fraud, you should attempt to contact the people named on the deed to see if they substantiate its existence.
You don’t have to do all of your research alone. It is extremely helpful to have a lawyer working with you on both proving whether the deed is false, and in handling the existing transaction that involved the deed in the first place. If you’re purchasing a house, for example, and a quit claim deed is involved but you question its veracity, a lawyer can help you trace the deed and determine its status, and can also help you work with the sellers of the house to ensure the deal goes through smoothly even while you dispute the deed. This isn’t a severe legal situation, but it is a complex one with many loopholes and possible directions it can go. Disputing a quick deed is well within your rights and should be done by all means if you think it’s necessary, but you should be prepared to do some research and put some time and effort into the process.