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Re: Who owns what??

Posted by Greg Del Vecchio on May 17, 2003 at 9:31 PM

In Reply to: Who owns what?? posted by Ward-CA- on May 17, 2003 at 5:33 PM

Ward,
Sorry. let me try that one again. Miss A orginally bought the property in 1994 with a female cosigner (miss B). Miss B quit claimed the property over to Miss A in 1996. In 1997 Miss A (now the sole owner) Granted the property over to a trust with herself and 2 other family members as trustees. Later, she met and allowed a new boyfriend to live with her. In 2003, this abusive boyfriend had her sign the a quit claim deed to Him (mr Abusive). She quitclaimed the property over as "Miss A,an individual woman, as her sole and separate property" to Mr Abusive. The fact that she quitclaimed the property over to Mr Abusive as an INDIVIDUAL (and not as a trustee) should make that quticlaim deed to Mr Abusive invalid, right? Or am I wrong?
: Ward,
: : I am working a foreclosure with a single woman who purchased her home in 1994 with a co-signer. The Co-signer quitclaimed the property in 1996 and in 1997 the property was placed in a family trust with her and two others as trustees. In 2003 an abusive live-in boyfriend had her sign a quitclaim deed to her property and is trying to kick her out. She stopped the payments on the First TD. When I did the title search I found that she had signed the quitclaim deed as Miss A, an individual woman, as her sole and separate property; even though, at that time the property was in the name of the trust. Question 1, was a quitclaim deed the proper instrument for the abusive boyfriend to use since he was not on the original deed and Question 2 is the quit claim deed valid since she quit claimed it as an individual and NOT a trustee for the trust? Thanks Greg Del Vecchio

: =•=•=•=•=•=•=•=•=•=•=

: Greg,

: #1. A quitclaim deed can be used in any situation a regular deed can be used.

: #2. The Co-signer quitclaimed their interest to whom in 1996? It seems to me that in 2003 Miss A didn’t own the property since it was quitclaimed to the family trust 6 years earlier in 1997.



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