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Quit-claim deed question

ace2000

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Is it possible for someone to legally quit-claim a deed into your name without you signing anything?

The reason I'm asking is that it happened to me. It was an eBay item that I won the bid on and later backed out of it. I agreed to pay the seller $100 for his time and advertising. I found out later that the deed was actually placed into my name anyway. I never signed any documents.

Please help.
 

Bill4728

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I'm not a lawyer and don't play one on TV (LOL), BUT from all I've heard, for you to receive property by deed ( any kind of deed), you must agree to receive that property. So it is not legal for someone to quit claim a property into your name without your consent.

I'd contact the county clerk/recorder and ask them how to dispute the deed.
 

Talent312

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Is it possible for someone to legally quit-claim a deed into your name without you signing anything?

The reason I'm asking is that it happened to me. It was an eBay item that I won the bid on and later backed out of it. I agreed to pay the seller $100 for his time and advertising. I found out later that the deed was actually placed into my name anyway. I never signed any documents.

Many states permit deeds to be signed and recorded w/o a buyer's involvement, but I'd be suprised if the resort would transfer it on their books without you signing an application. How did you find out? Have you seen the deed? Was it sent to the courty clerk for recording or to the resort for transfer?

If the deed was never recorded nor sent to the resort for transfer, then it only exists in the minds of you and the seller and can be torn up. Otherwise, you can smack the seller back and reverse the "sale" by drawing your own quitclaim deed back to the seller, and do to the seller what he did to you. A deed back is what it will take to disclaim an unwanted deed.
 
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ace2000

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The deed was recorded... nothing was signed. No arrangement with the resort, no transfer documents, nothing. As I mentioned, I paid $100 for the cost of the advertising and the person's time... even though I didn't have to do that, I thought it was the fair thing to do. The eBay ad severely understated the maintenance fees. When I called the resort, I discovered the error in the ad.

Nothing was ever signed, period. I found out about it when the resort called wanting their maintenance fees paid.
 

theo

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Sounds potentially sticky...

I paid $100 for the cost of the advertising and the person's time... even though I didn't have to do that, I thought it was the fair thing to do.

I profess no knowledge or expertise here --- and your gesture certainly seems to have been a noble one. But, it also seems that the seller can claim (whether or not truthfully) that the payment you made was actually the requisite "consideration" to complete this transaction. There are, in fact, timeshares sold on eBay for $100 (or less) on most any given day... :shrug:
 
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Dave H

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Someone can deed a property into your name, but if you lack the acceptance and consideration, it would not be a valid deed. Worse, legally you have a potential ownership stake that now clouds title.

If the seller were to sell it again, they would need to get a deed back from you or a deed from you to the new buyer to clear your interest. This is of course only going to be found if the buyer is getting title insurance as no one else would see it if they did not look for it.

Also, if the seller would default on the dues, you could be brought into it since you appear to have an ownership interest. My first thought would be to call the seller or the closing company and tell them to send you a quit claim deed for you to sign and clear any interest you might have in public records.

Dave
 

Harry

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Dave is correct but....

...
Also, if the seller would default on the dues, you could be brought into it since you appear to have an ownership interest. My first thought would be to call the seller or the closing company and tell them to send you a quit claim deed for you to sign and clear any interest you might have in public records.Dave

They could, but as a practical matter would not. Without getting too technical and at the risk of being overly general you have a bad deed that is worth nothing. The quit claim was voided for lack of consideration, and is supported by the supplemental agreement of cancellation, which by the way is a valid contract assuming the seller cashed your $100 check. As a side bar, I have forwarded your little incident to a law professor friend of mine to be included as part of a first year law school real property exam.
 

ace2000

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Harry,

In practical terms, what are you suggesting that I do???
 

Harry

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Can't

Choice is yours. I am restricted by ethical requirements not to give you any advice. Even more importantly, I most likely am prohibited by law for giving you legal advice even though I may be licensed to practice law in three states. Sorry.
 

Carolinian

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Check with a lawyer where the timeshare is located. State real property laws vary. In some states there is a presumption of acceptance from the fact of recordation, which is rebuttable, but that would mean going through court potentially.

One thought to consider is to quitclaim it right back to seller.
 

ace2000

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One thought to consider is to quitclaim it right back to seller.

Carolinian,

Thanks for the solid advice! I got some legal counsel, and that's the direction I'm going. We'll see what happens.

Thanks again!
 

BocaBum99

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Choice is yours. I am restricted by ethical requirements not to give you any advice. Even more importantly, I most likely am prohibited by law for giving you legal advice even though I may be licensed to practice law in three states. Sorry.

LOL. At least without consideration....
 

ace2000

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LOL. At least without consideration....

LOL - or I guess make your answer to a board posting so complicated that you have no choice but to pay for the advice! Just kidding...

Seriously though, I had no idea what Harry was trying to say up there.
 

Carolinian

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Consideration is the legal term for what you pay for the property. Most deeds recite payment of a consideration, often as ''ten dollars and other good and valuable consideration'', and this recitation may also create a rebuttable presumption of payment in some states.
 

bogey21

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Consideration is the legal term for what you pay for the property. Most deeds recite payment of a consideration, often as ''ten dollars and other good and valuable consideration'', and this recitation may also create a rebuttable presumption of payment in some states.

Right, and if the quit claim deed says $100 and you have no records to prove why you sent seller the $100, I think you may own the week.

GEORGE
 
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