how to dispute a quit claim deed

[debora]

Jurisdiction

Tennessee

I had signed a quit claim deed for about 5 acres in may of 2013 and it was never filed. I then signed a quit claim deed about a month later for same property and it was filed. the new property description of over 3 acres was put in both of our names. Then in early 2020 the boyfriend took the 1st unfiled quit claim deed and filed it effectively removing me from the property. I had never signed a quit claim deed after the property description had changed from 5 acres to some over 3 acres. Can i contest this to show i still have a claim on the property?

 

[Zigner]

I had signed a quit claim deed for about 5 acres in may of 2013 and it was never filed. I then signed a quit claim deed about a month later for same property and it was filed. the new property description of over 3 acres was put in both of our names. Then in early 2020 the boyfriend took the 1st unfiled quit claim deed and filed it effectively removing me from the property. I had never signed a quit claim deed after the property description had changed from 5 acres to some over 3 acres. Can i contest this to show i still have a claim on the property?

I'm sure you can. You should speak to a local attorney who deal with real-estate matters for guidance when/if you need it.

EDIT: To be clear, I'm not commenting on your likelihood of success for any such attempt at contesting the matter. I am simply stating that there is surely a way you can make the attempt.

 

[zddoodah]

I had signed a quit claim deed for about 5 acres in may of 2013 and it was never filed.

What became of this deed after you signed it? Did you deliver it to the grantee(s)? Stick it in a desk drawer? Something else?

I then signed a quit claim deed about a month later for same property and it was filed.

Same grantee(s) or different grantee(s) from the first deed?

the new property description of over 3 acres was put in both of our names.

Huh? What does "new property description" mean? In the first sentence of your post, you mentioned 5 acres, but now you're talking about 3 acres. Was that intentional? What does "both our names" mean? Your name and who else's name?

Then in early 2020 the boyfriend took the 1st unfiled quit claim deed and filed

Is "the boyfriend" the grantee named in the first deed?

Can i contest this to show i still have a claim on the property?

Anyone "can contest" anything. A discussion of the merits of such a contest will require more clear facts. I could make some inferences/assumptions to answer the questions I asked above, but I'd rather you provide clearer facts so I don't have to infer/assume.

For example: "In [month] 2013, I, as the sole owner of [property description], signed a quitclaim deed by which I conveyed [describe interest conveyed] to [grantee]. I gave this deed to [grantee], but [he/she/it/they] did not file it. A month later, I signed a second quitclaim deed...."

 

[Tax Counsel]

I had signed a quit claim deed for about 5 acres in may of 2013 and it was never filed. I then signed a quit claim deed about a month later for same property and it was filed. the new property description of over 3 acres was put in both of our names. Then in early 2020 the boyfriend took the 1st unfiled quit claim deed and filed it effectively removing me from the property. I had never signed a quit claim deed after the property description had changed from 5 acres to some over 3 acres. Can i contest this to show i still have a claim on the property?

So as I understand the facts, in May 2013 you gave your boyfriend, who I'll call Adam, a quit claim deed to 5 acres of land that you owned in Tennessee. Adam did not record that deed in 2013. A month later you then gave a quit claim deed to 3 of those acres to someone else, who I'll call Eve. That left you owning 2 acres. It's not clear but I assume that Eve then recorded that deed for the 3 acres promptly (i.e. in 2013). Then in early 2020, Adam finally recorded the deed he got for the 5 acres. Have I got that right?

If I do, then under Tennessee's "race notice" statute, as between Adam and Eve the deed that Eve recorded first will take priority over Adam's later recorded deed unless at the time Eve took the deed from you she had notice of the deed that you gave Adam. So Eve's three acres would be safe. But as between you and Adam on the remaining 2 acres, well, you might find that a court would say Adam gets those acres because of the quit claim that gave them to him.

You really need to see an attorney at this point. Giving out two quit claim deeds like that can create quite a mess.

 

[debora]

So as I understand the facts, in May 2013 you gave your boyfriend, who I'll call Adam, a quit claim deed to 5 acres of land that you owned in Tennessee. Adam did not record that deed in 2013. A month later you then gave a quit claim deed to 3 of those acres to someone else, who I'll call Eve. That left you owning 2 acres. It's not clear but I assume that Eve then recorded that deed for the 3 acres promptly (i.e. in 2013). Then in early 2020, Adam finally recorded the deed he got for the 5 acres. Have I got that right?

If I do, then under Tennessee's "race notice" statute, as between Adam and Eve the deed that Eve recorded first will take priority over Adam's later recorded deed unless at the time Eve took the deed from you she had notice of the deed that you gave Adam. So Eve's three acres would be safe. But as between you and Adam on the remaining 2 acres, well, you might find that a court would say Adam gets those acres because of the quit claim that gave them to him.

You really need to see an attorney at this point. Giving out two quit claim deeds like that can create quite a mess.

Both of the deeds signed a month apart were for both the same, me and the boyfriend. It was also the same property and description just the 1 st was never filed and he kept it. It was the 2nd one that he and I signed that we traded land for land with a neighbor which then made the parcel smaller which he had filed which changed the property to a smaller parcel and was filed with both of our names. It was jointly owned till he filed the very 1st quit claim deed which removed my name as a co owner of property.

 

[Zigner]

Did the 2013 quit-claim transfer the entire property to him, leaving you off it completely?

 

[debora]

What became of this deed after you signed it? Did you deliver it to the grantee(s)? Stick it in a desk drawer? Something else?



Same grantee(s) or different grantee(s) from the first deed?



Huh? What does "new property description" mean? In the first sentence of your post, you mentioned 5 acres, but now you're talking about 3 acres. Was that intentional? What does "both our names" mean? Your name and who else's name?



Is "the boyfriend" the grantee named in the first deed?



Anyone "can contest" anything. A discussion of the merits of such a contest will require more clear facts. I could make some inferences/assumptions to answer the questions I asked above, but I'd rather you provide clearer facts so I don't have to infer/assume.

For example: "In [month] 2013, I, as the sole owner of [property description], signed a quitclaim deed by which I conveyed [describe interest conveyed] to [grantee]. I gave this deed to [grantee], but [he/she/it/they] did not file it. A month later, I signed a second quitclaim deed...."

So in may of 2013 a property of 5 acres owned by he and I, he required me to sign a quit claim deed. He never filed that one. A month later, June, he wanted to trade some of our land for more. I signed the paperwork giving away almost 2 acres which decreased our previous property to 3.4 acres. The new property of 3.4 was recorded in both of our names. So in early 2020 he filed the quit claim deed from may that was never recorded to remove me from property.
I no longer live there due to him if that matters any.

 

[debora]

Did the 2013 quit-claim transfer the entire property to him, leaving you off it completely?[/QUOTE

it did even though he never filed I suppose but then he had me sign paperwork a month later which changed our property to a smaller size and my name was on the property as jointly owned after that transaction
He just filed the original that I signed that he never filed originally

 

[Zigner]

It really doesn't sound like you have any claim to the property, but you may wish to consult with a local attorney.

 

[zddoodah]

The facts still aren't clear, and I don't think you're understanding the requests for clarification, so all I can do is suggest you take all the paperwork to a local real estate attorney for review and advice.

 

[army judge]

So in may of 2013 a property of 5 acres owned by he and I, he required me to sign a quit claim deed. He never filed that one. A month later, June, he wanted to trade some of our land for more. I signed the paperwork giving away almost 2 acres which decreased our previous property to 3.4 acres. The new property of 3.4 was recorded in both of our names. So in early 2020 he filed the quit claim deed from may that was never recorded to remove me from property.
I no longer live there due to him if that matters any.

You might also take ALL of your documents to the local prosecutor's office (district attorney as they are known in TN) and ask to speak with one of the investigators or the duty assistant DA.

What you allege someone did just might qualify as a criminal act in your state.

Someone in the DA's office will know very quickly after you tell your story and hand over "copies" of the relevant documents to the person with whom you'll speak.

You just might get lucky or pique the interest of a curious, aggressive investigator.

If that occurs, you could get this matter unraveled at no expense to you.

You have nothing to lose, and I am not saying all will go well.

I am saying it can't hurt you to ask.

 

[flyingron]

I agree, you need a lawyer to examine this mess.

First off, a quit claim for any property you don't actually have an ownership interest does NOTHING. Tennessee is a race state, so it's quite possible the first one RECORDED is the one that is considered to have priority.