Can a Quitclaim deed be contested if the grantor believes they were swindled

[Jennie14]

Jurisdiction

Minnesota

I purchased a home and 30-days after closing added the name of my fiance to the deed. Some time after that I found out that my fiance was actually with another woman and they were trying to swindle me out of my home. He refuses to remove his name from the deed and leave my home.

 

[adjusterjack]

I'm sure it's possible.

Just understand that it will take suing him and getting a court order reversing the deed.

You'll need a good lawyer and it will cost you a lot of money. Be prepared for that, too.

 

[Jennie14]

I'm sure it's possible.

Just understand that it will take suing him and getting a court order reversing the deed.

It states that the quitclaim form can only be used by a home owner who owns the home out right. That a new home owner, who is paying on the home must use another form in order to add an additional owner. Given the fact that I used the wrong form initially how can it be valid? Shouldn't there be a form I can submit contesting the validity of the wrong form being processed?

 

[zddoodah]

Can a Quitclaim deed be contested if the grantor believes they were swindled

Anything "can be contested." But I doubt this is the question you intended to ask.

I purchased a home and 30-days after closing added the name of my fiance to the deed.

So...had you not yet filed/recorded the deed with the county office where land records are filed/recorded (apparently a count recorder)? If you had done that, then how exactly were you able to "add[] [his] name . . . to the deed"? Given the subject header of your post, I'm guessing that what you actually did was create a new deed (a quitclaim deed) that transferred title from yourself to you and your fiance jointly. Correct?

He refuses to remove his name from the deed and leave my home.

Well...why would he do that considering you gave an interest in the home to him?

It states that the quitclaim form can only be used by a home owner who owns the home out right.

"It states"? What is "it"?

Given the fact that I used the wrong form initially how can it be valid?

Obviously, we have not reviewed any of the documents relating to the situation you described, and your description of what you did is unclear.

For example, let's call you Jane Smith, and let's say that you purchased the home from Robert and Mary Jones, a married couple. At the time of closing, Robert and Mary should have submitted a deed into escrow that stated something along the lines of: "Robert Jones and Mary Jones, husband and wife, hereby grant all right, title and interest in the property described below to Jane Smith, an unmarried woman." Absent unusual circumstances, that deed probably was a warranty deed or grant deed. At the time of closing, the escrow company would record that deed with the county recorder in the county where the property is located. I don't know the specifics of the process in Minnesota, but you should have received either a file stamped copy of the recorded document or the original document with a recorder's stamp on it.

Assuming you did what I guessed above, you then transferred title from yourself to yourself and your fiance jointly. There's absolutely nothing wrong with using a quitclaim deed for this purpose.

As far as invalidating the deed, feel free to consult with a local attorney, but don't get your hopes up. Did you expressly ask him if he was cheating on you and obtain a signed, written representation from him that he was not? I'm guessing you didn't do that. Rather, I'm guessing the thought didn't even cross your mind. You certainly knew (or should have known) that it was possible that he might be cheating on you (it's always a possibility), but you chose to give him an interest in your home anyway. That's not deception or swindling, and I'll refrain from putting an accurate label on it.

As an added bonus, assuming you obtained a mortgage to help finance the purchase of the property, adding your finance's name to the title probably constituted a breach of the mortgage loan agreement and might constitute an event of default that might allow the mortgage lender to accelerate the loan and foreclose. I suggest you review the loan agreement carefully.

 

[Jennie14]

Well thanks for your suggestion to contact the bank... The mortgage people said the deed has no weight since I don't own the home. The deed only becomes viable once I pay off the home. But I can apply to have the bank take the home since I hold the loan. I am going to let the bank have the home and then buy it back to wipe out the deed...

 

[army judge]

Well thanks for your suggestion to contact the bank... The mortgage people said the deed has no weight since I don't own the home. The deed only becomes viable once I pay off the home. But I can apply to have the bank take the home since I hold the loan. I am going to let the bank have the home and then buy it back to wipe out the deed...

I suggest you talk to a real estate attorney in your county before you do or agree to do anything.

Just consult the lawyer, most will give you a free 20-30 minute consultation.

You might be very surprised about the tings you learn

If you meet with a lawyer, please return and tell us what you learned.

I'm sure it will help another person sooner or later.

Thank you.