I bought a house from a friend with a quit claim deed. Now find out she never had title from deceased mother.?

Question

The attorney for mother's estate did not file the deed indicating transfer of property. Now the attorney says the estate owes money and he cannot do anything until resolved. Meanwhile i am out of cash. This 'friend' not responding to phone calls to get matter resolved. I realize I need an attorney but is there a way to get title resolved.

Answer 1

I had a similar siruation. You will have to Record your deed and then file suit for Quiet Title Action. File it quuickly because most States follow English Common Law of "First in Time, First in Line"

This means that the 1st person to record the Deed usually has the Right of Title and also Posession is 9/10 of the Law

Answer 2

I know you want to hear differently, but I don't think anyone except an attorney can fix the issue at this point. You may be able to file a civil suit to make the "friend" pay the estate. I mean really, it's not your mom's estate, so it shouldn't be your responsibility. And, that attorney didn't do his job by filing the quit claim deed, so you may be able to do something through the bar association.

Answer 3

You didn't do a title check before proceeding with the transaction. An expensive lesson.

Since your "friend" sold you something she did not own you may have a case of fraud you can pursue. It's not so easy to prove but letting her know that if she fails to resolve the issue may result in her arrest as well as a civil action, perhaps that will cause her to return a call.

Answer 4

You might be able to file a lien on the property. That would sort of hold your place in line with the other creditors. Sooner or later someone will sort it out and you can get a better understanding of whether you have any position at all. It sucks. I am sorry for your trouble.

Answer 5

not really, unfortunatly! the best thing to do is to gather all the paperwork between yourself and your socalled friend, and try to prove your case, this is a huge problem in the mortgage world, but don't give up, maybe show up at your friends house and find out what happend, or have a different mutal freind call him and try to get a hold of him.

Answer 6

I would be out finding this friend. She's not going to answer your calls because she knows what she did to you. She's running out on the bills that are owed.