2006-08-07 02:16:49 · 5 answers · asked by Phil W 2 in Family & Relationships ➔ Marriage & Divorce
Since you're asking this in the "marriage and divorce" section, I will assume that this is a case of a deed from one spouse to another.
In most states, a quitclaim deed simply relinquishes all claims held by the party executing it - if the grantor does not hold proper title any prior claims of others are not relinquished by execution of the quitclaim deed. You can't sell what you don't own. FYI, a Warranty Deed provides a guarantee of proper title, usually accompanied by title insurance.
So, if you want to "over ride" such a deed you would need to find a prior claimnant to exclusive or partial title. This is a job for a local title attorney, and will often prove fruitless.
Since deeds are, in most states, notarized documents, you will have a difficult time "over riding" it by proving fraud, incompetence, or duress - the only other avenues. This would require proving that the signer of the deed was not mentally competent, that the consideration for the property was somehow fraudulent, or that the signer was physically under duress and lied to the notary public about the act being a "free act and deed".
Sorry, but a notarized and recorded deed is a pretty strong indicator of title and state laws make it very difficult to revoke or overturn in court.
2006-08-07 02:26:30 · answer #1 · answered by AndyH 3 · 0⤊ 0⤋
The owner of the deed filing a second quit claim deed or selling the property. Beyond the owner passing away and it being willed to someone else, there is nothing else that I know of.
2006-08-07 02:20:17 · answer #2 · answered by onejazzyjul 3 · 0⤊ 0⤋
Unless you can produce the actual deed, you can't override a quit claim deed, except by another quit claim deed. Can I ask why you would want to?
2006-08-07 02:21:10 · answer #3 · answered by Velociraptor 5 · 0⤊ 0⤋
a quit claim deed, is an instrument used when an owner wishes to give up his/her rights to a piece of property
in general, if the thing is notarized you have very little chance of getting it declared null/void
however, if the thing was signed under duress, if you were coerced into signing it, if the signer faked his/her identity, or if the signer wasn't of legal age you may be able to have it declared null
you will have to file a petition for mandamus in your local court
2006-08-07 02:23:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
sdfdsfds
2006-08-07 02:32:37 · answer #5 · answered by Lothario 1 · 0⤊ 0⤋