Revoking a Quit Claim Deed: Undue Influence
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A quit claim deed can be filed when someone must relinquish the rights to property that he owns. The signing and filing of such a form means the owner of property or real estate is giving up all ownership and financial obligation for such property. This form is typically filed during divorce and bankruptcy. This helps the other spouse to not be financially responsible for pieces of properly not granted to him or her in the divorce. In bankruptcy proceedings, the quit claim deed helps the banks that are owed money by a debtor so that they may legally put liens on a piece of property in order to get their money. Quit claim deeds can be used at other points in time too, such as for life insurance, bank accounts, and any other form of real property.
Protection from Undue Influence
When signing a quit claim deed, it is recommended to have a lawyer present to fill out the form or to help you fill out the form. In most cases, the quit claim deed is not something that can be revoked because the final documentation is both legal and binding. However, there are some cases in which the form can be revoked if it can be proven that you signed due to fraudulent causes. One of these just causes for revocation is undue influence. Undue influence is defined as taking unfair advantage of someone who is in distress, unable to make decisions or susceptible to coercion.
Process for Revocation
In most cases, t is nearly impossible to have a quit claims deed revoked because it is legal and binding. However, fraudulent signing of the document is protected by the Uniform Fraudulent Transfer Act. The process for revoking such a claim require you to:
- Hire a Lawyer: A lawyer is recommended because it will be a hard fight to prove that you signed the document under false pretenses for whatever reason
- Show Proof: You must prove that you were made to sign the quit claim due to some sort of power or influence by someone. This can be difficult and often comes down to whether that person will admit it or not
- Attend a Hearing: A court officer or judge will hear your case and then make a decision as to the validity of the quit claims deed according to what he or she sees and hears and the evidence that is presented by both sides.
If the judge decides undue influence was used to get another person to sign the quit claims deed, odds are the form will be revoked. If the judge decides no undue influence or other fraudulent attempts were made to get the other person to sign, the quit claim will remain on file as it currently stands.
When revoking a quit claim deed, it is important to get legal help. Your lawyer can help you to explore any options available to you and can help you prove the quit claim deed is invalid because you experienced undue influence that caused you to sign.