I was curious if it is legal in the state of Michigan to give some one
property with out them signing the papers?  The problem we are having
is that my mom is terminally ill with cancer, and she quick claimed
her house into my sisters name with out her signature.  Then realizing
that was a mistake because my sister is trying to evict my mom, quick
claimed it into my name.  Now she is pressing charges for fraud, both
on the bank, and my mother.  My sisters lawyer wants me to sign the
deed back into my sisters name, but he also says that a quick claim
can not be done with out the both parties signing the document, how
ever three lawyers that my mom has talked to said that you can quick
claim some one on to a property but not take them off.  I was wonder
who is right?

Based on the following research, your sister was not required to sign
the quit claim deed to receive an interest in the property.  However,
the transfer did not take place if your mother did not deliver the
quit claim deed to your sister or her authorized representative.  If
your sister has the quit claim deed with your mother's signature on
it, then the property is hers, and your mother was no longer in a
position to quit claim it to you.

If the property transferal did not take place because the quit claim
deed was never delivered, then your mother retained title to it, and
could therefore quit claim the property to you by giving you a quit
claim deed signed over to you.

If your sister did receive the quit claim deed but had made
representations that your mother would be allowed to remain in the
house, and your mother may be able to have the quit claim deed
rescinded for fraud.

I would certainly not recommend signing anything your sister's lawyer
wants you to sign without obtaining competent legal advice from a real
estate attorney first.

Sincerely,

Wonko

"Q. 

My best friend was quit claimed on my house last year right after she
got married, if she dies will her husband automatically hold the title
to my home; even though he didn't sign the quit claim deed?
Jay, Chicago, Illinois 4/06/05  

 
 A. 

Jay....As a recipient of ownership, she did not have to sign anything,
including the Deed, to be added to the title. Yes, I believe her
husband has an interest in the home along with her and you...
....steve@southwoodmortgage.com.... "

"Finance" by Steve Taylor, The Kansas City Star
http://www.kansascity.com/mld/kansascity/classifieds/real_estate/financing/ask_expert_front.html?forumId=571&mode=display&action=&type=list&pageNo=5

"As long as the quitclaim deed is properly signed, dated and recorded
with the County Recorder's office, it effectively releases the
signor's entire interest, including community property rights, to the
entire "fee simple" property. When recorded, the property becomes your
sole, and separate, property. This is the meaning of "QuitClaim Deeds"
- - he is quitting his legal claims to the property upon his signing
and your recording of the deed.

However, if he's able to prove some sort of fraud on your part; e.g.,
a material misreprentation as to what he was signing, and why, then
the quitclaim deed may be voided upon such proof."

"Specifics of quitclaim" FreeAdvice
http://forum.freeadvice.com/archive/index.php/t-134401.html

"So, if a person signs a Quit Claim Deed how can they get their deed back?
 
Are you asking how they can get back the property that they are
transferring by means of the quit claim deed?  They can't, at least
unilaterally.  They would have to ask for it back."

"QuitClaim deed" MSN Money Central
http://moneycentral.groups.msn.com/YourMoney/mortgageissues.msnw?action=get_message&mview=0&ID_Message=630382&LastModified=4675518839581049006

"MY GRANDDAD QUITCLAIMED HIS HOME TO MY FATHER WITH RIGHTS OF
SURVIVORSHIP. THE QUITCLAIM WAS NOTARIZED, WITNESSED, BUT NOT FILED IN
THE RECORDER?S OFFICE. MY GRANDFATHER RECENTLY DIED. IS IT TOO LATE TO
FILE?
 
The property was always your dad's property, right after your
grandfather signed, and from that moment, it went from grandfather's
estate, to your dad's estate, allowing your dad to sell it, keep it,
bequeath it, or whatever he wanted (or wants) to do with the home. It
is also advisable to record the quitclaim deed. Recording a deed
merely places "the world on notice" of what had transpired between you
grandfather and your dad, and lets everyone know that your father has
good title to the home. "
 

"Real Estate Law" FreeAdvice http://real-estate-law.freeadvice.com/survivorship.htm

"When you purchase real property, you will receive a written document
(called "the deed") which transfers the ownership (title) of the
property to you as the purchaser. The deed gives you formal title in
exchange usually for a specified amount of money. The conveyance of
real property is not complete until the deed is delivered to you or
your authorized agent."

"What Is Recording the Title All About?" FreeAdvice
http://real-estate-law.freeadvice.com/recording_title.htm

Hi,
"Then realizing that was a mistake because my sister is trying to
evict my mom, quick   claimed   it into my name."

Did you mean "changed it into my name"?  Is there only one quit claim
document with the name of your sister changed to your name, or are
there two docs?

I hope for you that there is only one, and her lawyer's asking you to
sign the deed back to her suggests this.
If your sister had a signed document, from the story, with an earlier
date than that of yours, he would get it recorded, and not be asking
you for anything.
A later dated document by your mother would have no validity, as
Wonka's answer points out.

Of course, none of this is legal or professional advice as you can see
from the disclaimer at the bottom of the page.

Good luck,
Myoarin

Just to be clear here, myoarin,

Your mother executed a quitclaim deed to your sister, signed by your mother?

Your mother subsequently executed a quitclaim deed to you?

You registered the quitclaim deed that had been executed to you
*before* your sister regstered the quitclaim deed that had been
registered to her?

Is your sister alleging that you knew of the quitclaim deed that had
been executed to her, at the time you accepted and registered the
subsequent quitclaim deed?

Also, if you desire and if you identify the County where this
occurred, I may be able to suggest a real estate lawyer. (You would
definitely benefit from consulting with counsel.)

Perhaps you have lost interest in this question, or perhaps you are
now receiving assistance from counsel. But just so you know where I
was going with my prior comment, Michigan has what is called a "race
notice" statute, MCL 565.29:

==================
Every conveyance of real estate within the state hereafter made, which
shall not be recorded as provided in this chapter, shall be void as
against any subsequent purchaser in good faith and for a valuable
consideration, of the same real estate or any portion thereof, whose
conveyance shall be first duly recorded. The fact that such first
recorded conveyance is in the form or contains the terms of a deed of
quit-claim and release shall not affect the question of good faith of
such subsequent purchaser, or be of itself notice to him of any
unrecorded conveyance of the same real estate or any part thereof.
==================

Accordingly, even if there is a prior unrecorded deed, it is possible
for a subsequent deed to take precedence on the basis that it is the
first recorded transaction.