§ 5.Complaint, petition, or declaration—To declare deed null and void—Quitclaim deed executed under undue influence—For accounting of rents AMJUR PP DURESS § 5 American Jurisprudence Pleading and Practice Forms Annotated (Approx. If a quit claim deed is filed under duress or if the person signing the property over has brain tumers,etc,can it be chalanged by the heirs on death? Sometimes it’s also called a non-warranty deed. Quitclaim deeds are legal instruments that transfer ownership of a property. Does Not Warrant the Claim is Valid. However, any type of threat or other cause of stress that one party puts on another party may be considered duress; a physical weapon is not required. The grantor provides the property to the grantee with no warranties about the condition of the title. A quitclaim deed (often mistakenly referred to as a ‘quick claim’ deed) is a document that is used to transfer your interest in a property. The circumstances in which a judge may reverse a deed are if the deed was signed under threat, cohersion, or by misleading statements and facts. If my cousin did not what the paper was about, can that be considered signing 'under duress'? In any event, talking to … Undue influence typically arises when the signatory to a deed (often elderly or mentally challenged) is under the influence of someone he or she trusts (often a close relative), and that person uses such influence to make them sign a deed under coercion or duress of some kind. He was told that the papers was for the house so he signed it. There is no requirement the person executing the quit claim has to live for any length or period of time after signing it. The only way to reverse a quit claim deed is to go to court and prove that the grantor was forced to sign the document under duress. Now the wife is filing for a divorce. There are other situations under which a contract may be said to have been signed under duress. I concur that most "I signed under duress" arguments are very difficult to overcome. However, the law does allow for one exception. Is a quit claim deed the same as a deed? If you quit claim, you still have the obligation but no interest in the property. Be sure to read about the order of recording and its effect. The only parties required to sign the quit claim deed are the grantor and the notary public. With each quitclaim deed, there is a spouse that is labeled as the Grantor, and a spouse that is labeled as the Grantee. I was forced under duress to sign a quit claim deed to my former SO. 07-25-2010, 12:59 PM #19. cyjeff. Just doesn't fly. Statute of Limitations on a Quitclaim Deed. A deed given through fraud, by mistake, or under duress, A deed given by a person who may be mentally incapacitated; A deed that was not supposed to be delivered (stolen) A deed that was changed without the Grantor’s knowledge or consent . Just doesn't fly, pal. Typically, under North Carolina statute, a quitclaim deed may not be reversed once it is filed with the Register of Deeds in the appropriate county. ca_surveyor. Once a quit claim deed has been completed and filed with the County Clerk's Office, the title will officially pass from the grantor to the grantee. Answer Save. He is now threatening to "Force Sell" the house. He has not filed any formal dispute against the validity of the quit claim. If you don't care about the equity, then just sign the quite claim deed, and let him refinance and try to qualify without you on the loan. When you sign a quitclaim deed, you are basically giving complete control of the property over to the other party in the mortgage with you. So, if you file a quitclaim deed to the White House or the Eiffel Tower, you are only relinquishing whatever claim you have to it – which is probably none. She met me in a bar in San Diego to sign various papers under duress, she flew back to Colorado and I not only signed over custody of my daughter but also a quitclaim deed to the house. adonis. Can he in fact force me to sell the house? Re: Signing Under Duress Quoting letmebe. Dad was bed-ridden and on a morphine drip. He recently signed a Quit Claim Deed to me. 1 decade ago. I was under the influence of drugs and alcohol in 1996 and my wife left me. and can that quick claim deed be voided? Fraud or duress. You signed the agreement, you accepted the benefits, and then when the bill came due, you claim duress. What Happens When You Sign A Quit Claim Form. Goodbye good job. Any information is greatly appreciated! A deed signed by a minor (under 18 years old) A deed to a fictitious person . The grantee cannot sue the grantor. This comment briefly notes in a broad educational overview some legal issues associated with quitclaim (also spelled "quit claim") deeds. If you were put under pressure to sign a contract, a judge may void that contract if you're later sued for breach of contract. Favourite answer. He signed the quit claim about a month after leaving and did not contest it until 6 years later as we are finishing up our divorce. signing papers under duress. Assuming he was mentally competent when he signed and was not tricked (fraud) or coerced (duress) into signing it, the deed became effective on signing. Relevance. If a quitclaim deed effectively fleeces one spouse out of any share of ownership in what would otherwise be a community asset, courts can assume that the transaction occurred through undue influence, fraud or duress – otherwise, the spouse who gave up ownership probably would not have done so. A quitclaim deed is often used if the grantor is not sure of the status of the title (whether it contains any defects) or if the grantor wants no liability under the title covenants. 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