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Subject:
Dispute a Quit Claim Deed
Category: Business and Money Asked by: aj2005-ga List Price: $25.00 |
Posted:
16 May 2006 13:13 PDT
Expires: 15 Jun 2006 13:13 PDT Question ID: 729460 |
I surrendered interest in my house through a Quit Claim Deed to a company that "buys" homes from individuals that are in a hurry to sell their property. In my situation, I had another home that I was closing on, my first home had been on the market for some time and it was near closing on the new home. The company holds the deed to the house although the mortgage stays in my name until they sell it. The company leases the home with option to buy and it must be sold within 5 years. My problem is this: I signed the contract in December 2005. I paid the first month's mortgage, as agreed before signing the contract. The company paid February's payment and March's payment; they had new tenants in the home in March. In April, I began receiving calls from my mortgage company for late payment (which became nonpayment) of April?s house note. May's payment is now in nonpayment status. I spoke with the company and their response was that they did not have the money to move around (whatever that means) to pay April's or May's note. They said they would catch up June 17th (which would make June's payment also late). My credit score dropped 70 points from April's nonpayment and I am sure May's will have a more dramatic effect. I consulted with an attorney who suggested I ask them to deed the property back to me. I did just that. They agreed but have not followed through on the agreement. They do not answer my calls or return them. When I was in conversation with them regarding transferring the deed back to me, I was asked if "I" could pay the money due. They told me that would be the way to get the payment up-to-date. Of course, I did not agree to that; I told them I did not have the financial means to make 2 house notes. They then asked me to sell some jewelry or my car or try to borrow the money from someone. I disagreed with this, also. They said there was nothing they could do until the middle of June if I did not pay. This company also tried to entice me to pay by stating they would "double" my money back upon cash out of the house. This does seem ethical. My question is to whether there is anything I can do to this company, how can I stop the effect it is having on my credit, and is there a way to legally get the Quit Claim voided since they are in default? Is there anything I can do? |
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There is no answer at this time. |
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Subject:
Re: Dispute a Quit Claim Deed
From: myoarin-ga on 16 May 2006 13:47 PDT |
This is no answer, and certainly no legal or professional advice, as you can read in the disclaimer below. It sounds like you have gotten into a bad corner by signing a quit claim deed while still being obligated for mortgage payments, and it sounds very much as though the outfit is not just naive but rather like a scam, although what has developed may not be illegal, unfortunately. A lot depends on the actual documentation, and maybe on whether the quit claim deed has be recorded with the county recorder, something you can find out at the county offices, or on internet if the county has its records online. It would help a Researcher if you would post a classification mentioning the state and county the property is in and the parcel number, as well as as any details about the documents between you and the company, such as the terms of when it has to pay you under the deed, if it is obligated to apply lease payments on the house to meet mortgage payments - and anything else. |
Subject:
Re: Dispute a Quit Claim Deed
From: daniel2d-ga on 16 May 2006 20:48 PDT |
This is a legal issue and you consulted an attorney. Why get advice from here? Go back to the attorney. What does your agreement say? Things like this are settled in civil court. |
Subject:
Re: Dispute a Quit Claim Deed
From: markvmd-ga on 16 May 2006 21:33 PDT |
Either the attorney is a dolt or you told him (or her) that you could not afford to engage an attorney. This is absolutely something you need a lawyer for, and now. Get a different one than the one you consulted with. At a minimum, you must stop talking to the company on the telephone and begin writing them certified letters. If they accept them, they have been contacted. If they refuse them, that is evidence as well. Get thee to a real estate lawyer! |
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