Signed Quit Claim Deed under false pretenses...?

Question

Hi all - I live in Michigan and had bought a house with my boyfriend. We broke up and I moved out. I wanted to sell it but he wanted to stay there. My then ex-boyfriend asked me to sign a quit claim deed because he needed me to do that so he could refinance the home in his name only. It never happened -- over 3 years later it still shows up on my credit (he has been paying on time). I have letters and emails from him stating that if I signed that deed that he would then be able to refinance. Do I have any legal rights here? It is going to affect my ability to purchase a new home with my husband. Any ideas/advice would be greatly appreciated!

Sorry to the first two repondents -- I realized I needed to add more info for you.

Hi all - I live in Michigan and had bought a house with my boyfriend. We broke up and I moved out. I wanted to sell it but he wanted to stay there. My then ex-boyfriend asked me to sign a quit claim deed because he needed me to do that so he could refinance the home in his name only. I did sign the quit claim deed and it was filed. He never refinanced to take my name off the mortgage. Over 3 years later it still shows up on my credit (he has been paying on time). I have letters and emails from him stating that if I signed that deed that he would then be able to refinance. Do I have any legal rights here? It is going to affect my ability to purchase a new home with my husband. Any ideas/advice would be greatly appreciated!

Answer 1

removing your name from the deed will not release you from the mortgage. it will however, remove any ownership interest you had in the property, which would in turn allow the ex to refinance the property in his name only IF AND ONLY IF he qualified for the new/re-fi mortgage.

until he refinances and gets the loan in his name only, you will also be liable for the account, which means it can affect your credit.

again, politely ask him if he will refi, to get your name off the loan. this loan could affect your ability to purchase a home jointly wiht your husband. however, be advised that he may not be in a position to refinance.

next time, consider this when purchasing a home. just because the "legal side" has released you from liability, your name is still on the loan, so it still belongs to you, until you either refinance & remove it, or sell the home.

Answer 2

Hi Holly,

Even if you were to sign a quit claim, you are still on the loan. It will show up on your credit report, and it may affect your ability to buy a new home.

Reasoning is that if your income is not enough to support two homes, you would then be looking at more of a creative financing program that will have a higher rate attached.

If you quit claim, you still have the obligation but no interest in the property. I would seek the advice of an attorney if you want any of the equity that may be in the property, you have 50% right to it.

If you don't care about the equity, then just sign the quite claim deed, and let him refinance and try to qualify without you on the loan.

Good Luck,
~Trey

Answer 3

Hi Hollly,

as for the legal rights, if you signed the quit claim deed, then you are not going to be able to do much. At this point you have no rights to the title of the property, and i assume you dont have much of a relationship with your ex...

you need to ask him to refinance the loan because if he is ever delinquent it will crush your credit...

As for buying a new home, if your ex is willing to help you prove that he has made all payments over the past 12 months, then i can help. He would have to provide you with 12 months bank statements showing the withdrawals..

call the lender and explain the situation to them if you haven't..they may have another suggestion...i would also consult an attorney, and ther eis a good chance that they can help you as well..Where at in Michigan are you from? I was born and raised in Saginaw, so if your nearby, i would be happy to give you contact info to an attorney if you dont have one...

My name is Jason Fry, and I am a loan officer with Providential Bancorp, a nationwide mortgage lender. We are partnered with over 80 different investors that all have different options. I'd be happy to assist you in purchasing a home with your new husband, or at least be able to let you know exactly what YOU QUALIFY FOR. You can then make a more informed, and educated decision whether it would be the right move for you.

Feel free to give me a call at 312-264-6448, or
you can email me at [e-mail].


Thank You, and good luck!

Jason Fry
Providential Bancorp

Answer 4

Ouch! Well, now that you've given up your rights to the house, there's not a lot that you can do, really. Your best bet would be to contact the lender and see what they would require to release you from liability for the note. Unfortunately you're not in a strong bargaining position here, and they're getting an extra guarantor on the loan, so they might well blow you off.

As you've probably guessed, that quitclaim deed should have been part of the settlement package on the refi that never happened, and may well never happen now that your ex no longer has any incentive to get you off the hook.

Your best bet would be to consult with an attorney and see if there's anything that you can do. But it doesn't look very promising...

Answer 5

Well, there a lot of scenarios...
1: good news! You still own half of that house! That means you can make him pay you his 1/2 for the past 3 years, or he will have to buy you out to own 100% of it. Because he never filed the quit claim deed...
2: Youre going to have to go to court to be released off the mortgage.... youre lucky he has been paying on time, it has givin you free credit! You could try to tell the ex that either he refinances in his name alone, or you take him to court and he will have to pay you 1/2 of the homes current value... (tell him thats what you will sue for. ) He should refi in a hurry.

Answer 6

You will always be connected to that loan until he refis. But if he is paying the bill most of the time if you can get the checks showing him making the payments for the last 12 months they will not count this towards your DTI (Debt to income). So it should not stop you from buying a home. If he stops paying the mortgage for some reason it will show up on your credit and will hurt your score. If he goes default this will show up on your credit and that will stop you from getting another mortgage. Get him to refi. It is the best thing for you. I am pretty sure you do not own any part of the home as you took yourself off title and you two are not married. I would check that out. Anyway I hope this helps.

Answer 7

She'll first need legal representation. Then, she'll need to prove she was tricked into signing the papers. My question in, why would her own mother do something like that? I mean, adoption is one thing, but tricking your own daughter into giving up her child is ridiculous. I sense there's something deeper going on her then a mother tricking her daughter. I don't think , in this case, the 5 day thing might not hold up, as she was not informed of this at the time. Once she proves fraud, she should be able to get her child back. But it's going to be a hard battle, especially if the grandparents try and say she's unfit or too young. This is why you never sign anything without reading it first, no matter what.

Answer 8

Having someone signing anything under false pretences is fraud. 'Fraud vitiates consent' is an old axiom from Contracts Law. You should be able to void the quitclaim deed...or perhaps sue for the 'benefit of the bargain'...but these things will have to be done in court.