she signed a quit claim deed to me. The problem is hs estate was never closed and I have refinanced the house three times although the house was never legally mine. The title company never did a check in the title or if the did they ignored this issue. Do I have any legal recourse?
2007-07-26 09:24:48 · 4 answers · asked by KATHY A 2 in Business & Finance ➔ Renting & Real Estate
Since his estate was not probated, I assume your husband and his ex wife probably owned the house together as joint tenants. When he died, she got his share, owned the property as a whole and then gave it to you.
Title companies are in the business of insuring title, they due searches and put their company on the line to insure the title is correct. They don't just guess who they think the owner should be. If you refinanced three times, you are the owner.
I am not sure who you would want to sue? The only person who could have potentially committed fraud is yourself!
2007-07-26 10:34:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Of course the house is legally yours. That's what a deed is for. You should have recorded the quit claim deed in with the county recorder of deeds. DO IT NOW.
If you were legally married, then his stuff becomes your stuff upon death without a will (you haven't mentioned children). You will have to go o probate court and have his rights transferred to you. Pay a lawyer to make sure this is done properly. It's cheaper in the long run.
2007-07-26 16:34:53 · answer #2 · answered by Ted 7 · 0⤊ 0⤋
Legal recourse against who? Yourself? How were you damaged? You knew the estate was never closed. Title insurance protects YOU and you've suffered no loss.
2007-07-26 16:29:11 · answer #3 · answered by mazziatplay 5 · 2⤊ 0⤋
You need to talk to a local attorney.
2007-07-26 16:29:34 · answer #4 · answered by hottotrot1_usa 7 · 0⤊ 1⤋