1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Quit Claim deed

Discussion in 'Quitclaim Deeds' started by LLea, Jul 5, 2018.

  1. LLea

    LLea Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Ohio
    I gave my ex girlfriend money to refinance our house and pay off her bills before I moved out so she could continue living there. My name was to come off the original mortgage. Since I was moving out of the state, I signed a quit claim deed before the loan went through, upon what I was told by the Loan Office, the loan was approved. I also signed a gift letter with the Title Company stating the money was a gift, she didn't have to repay it and they would be held harmless of how it was distributed. They ended up giving her the Quit Claim deed and the money. She recorded the Quit Claim deed and kept the money. Although she is paying the mortgage, my name remains on the loan and I want my money back or the house partitioned because the gift was to get my name off. Do I have a legal case in getting my money back from her, partitioning the house, and the Quit Claim deed being reversed?
     
  2. zddoodah

    zddoodah Well-Known Member

    Messages:
    1,689
    Likes Received:
    230
    Trophy Points:
    63
    Borrower's names doe not "come off" of mortgages. The only way for your mortgage obligation to have been extinguished would have been for your ex to refinance in her own name.

    I assume this was to be a loan by which your ex refinanced in her own name. Correct? To whom did you give this deed?

    Who are "they"?

    Because...??

    There's nothing to partition because you're not an owner of record anymore.

    Doesn't sound like it. It sounds like you made every possible mistake in connection with the events you described. However, it is impossible to form any reliable conclusions without a thorough review of the relevant documents. I suggest you consult with an attorney in the area where the property is located.
     
  3. LLea

    LLea Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
     
  4. LLea

    LLea Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for the input.
     
  5. LLea

    LLea Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    I signed the deed over to her at the Title Company. They gave it to her when the loan fell through.
     
  6. army judge

    army judge Super Moderator

    Messages:
    28,346
    Likes Received:
    3,401
    Trophy Points:
    113


    The only way for you to receive a qualified answer to your question is to consult a few lawyers in the county where the home is located.

    My gut tells me you are screwed, but a lawyer licensed to practice in Ohio is what you require.

    You might be able to interest the police and prosecutor to pursue a case against the person who POSSIBLY defrauded you.

    Contacting the police and prosecutor is .another avenue to investigate
     
  7. LLea

    LLea Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Does wording on a gift letter make a big difference? I am now worried about the Gift Letter. My ex was supposed to refinance the house to take my name off of the mortgage but I noticed the gift letter uses the word purchase instead of refinance. It doesn't state the loan is to have me removed from the mortgage. I am suing the Title Company for $25,000 for handing over the Quit Claim deed before the loan was refinanced, the Loan Officer $25,000 for giving permission to the Title Company to hand over the portion of the money to be used for the refinancing and my Ex for $1,800,000 (mostly punitive damages) because she didn't fulfill the terms of the gift letter. She applied for two loans that fell through. She claims to have used the rest of the money towards repairs of the house including remodeling the master bath and updating sinks in the other two. She also added a sauna in the house and claimed to have paid house taxes with the money among other things. I never asked for the money to be returned, I went straight to a Lawyer and we will go to trial in April. Here is a copy of the gift letter. Does she have a right to keep my money?
    gift letter 1st page.jpg gift letter 2nd page.jpg
     
  8. army judge

    army judge Super Moderator

    Messages:
    28,346
    Likes Received:
    3,401
    Trophy Points:
    113


    You need to discuss ANY and ALL concerns you have related to this matter with YOUR attorney.

    Asking strangers questions about your legal issues is counterproductive, and could be harmful to your case.
     
  9. adjusterjack

    adjusterjack Super Moderator

    Messages:
    5,492
    Likes Received:
    963
    Trophy Points:
    113

    "Am suing"?

    Like the lawsuit is already in progress? Then presumably you have a lawyer, given the amounts, and you should be addressing your concerns to your lawyer.
     
  10. LLea

    LLea Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    My lawyer isn't giving direct answers. Seems to be avoiding my real concerns.
     
  11. army judge

    army judge Super Moderator

    Messages:
    28,346
    Likes Received:
    3,401
    Trophy Points:
    113


    Put your questions in writing, send them via a letter (priority mail or overnight courier), and ask for a written response to each query.

    However, avoid asking questions seeking an opinion about the outcome of the case.

    I can tell you after my brief perusal of your comments and document submitted above, I would have advised you not to hire me to pursue this matter.

    Why?

    Nothing I have seen would require the other party to return you any money you GIFTED to her.

    You have no contract which required her to do anything to receive the funds, other than to TRY and secure a mortgage.
     

Share This Page