quit claim?

Question

I was buying a house on contract from someone who passed away recently. His daughters got the house and the contract was changed to where I would pay them. Since then they have signed the house over to me by a quit claim deed. Now they have changed their minds and want me to give the house back so they can collect money. Legally do I have to sign it back over? They want to get the house back, evict me, and resale.

Answer 1

If the contract had an inheritable right in it you probably did not need the quick claim deeds. A quick claim deed basically states that someone is giving any and all rights if any to someone else. By signing the quick claim deeds they gave up their rights to the property. I would suggest going to the closing attorney that drew up the quick claim deeds and get his advice. You already paid him for the sale and no one is more familiar with that transaction then the person who drew it up. I would also suggest refinancing the property and paying them off since they will probably be nothing but trouble in the future to work with.

good luck,
Michael

Answer 2

Get yourself a REALESTATE (Probate too but not nessesary) lawyer. TODAY!

There are several elements in your question that raise red flags BUT it does depend on some other things not listed AND it depends on where the house is (State -the rules change for each state) and a lawyer will be more effective.

There is, of course, the desire to just make them go away with a little info but you need a lawyer. Often, you can get one with a free consultation where they will answer "basic" questions for you and tell you what you "may" want to do next (sometimes just having a lawyer call will do the trick and it may be that the daughters are trying to scare you out of what is your's).

There is no simple answer to your question without taking a look at all the aspects of it, sorry. That and you cannot be sure unless the state is known and you practice (are a lawyer) in that state and that person has looked at all the pertinant info.

BE ALERT IF SOMEONE POSTS YOU AN EASY ANSWER. THE RULES CHANGE FOR EACH STATE AND SOMEONE WHO REALLY KNOWS ALSO KNOWS THAT AND OR THEY SHOULD KNOW THAT PROVIDING LEGAL COUNCIL IS AGAINST THE LAW IF YOU ARE NOT LICENCED (or whatever that state requires, each one is different) IN THAT STATE.

Answer 3

No, you don't.
When his daughters signed the house to you by quitclaim deed, they disclaimed any interest in the property.
A quitclaim deed isn't particularly strong because someone else could pop up with a claim against the property and you may be responsible. The daughters were the only ones to transfer their interests to you. Assuming that the daughters (family) that you purchased the property from hadn't encumbered or pledged the house elsewhere, its yours.

Wiki:
A quitclaim deed is a term used in property law to describe a document by which a person (the "grantor") disclaims any interest the grantor might have in a piece of real property, and passes that claim to another person (the grantee). A quitclaim deed neither warrants nor professes that the grantor's claim was actually valid. By comparison, a grant deed (or in some U.S. States, a warranty deed), which is normally used for real estate sales, contains certain warranties that vary from State to State. Quitclaim deeds are sometimes used for transfers between family members, gifts, or to eliminate clouds on title, or in other special or unusual circumstances.

Answer 4

Do not sign it back to them, contact an attorney.

By law and in plain English, when you are on the deed of any property, you can only lose that property if you die or you fall into default with a lien that is subsequent to the holding of a formal Foreclosure.

With that said, if they have a lien of conveyance, meaning a formal loan that is authenticated by a title company, then they are held to a law that forfeits their right to evict unless they push for a foreclosure, which is only allowed by law in the case of default.

What you can do is refinance the property and payoff the loan amount you agreed to.

Fortunately for you, the law protects you and your property, as for those people that sold you the house, tuff luck!

Again, contact an attorney, good luck!