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Is there anyway to reverse a fraudulent quit claim deed or prove void ab initio without going to court? And what does it cost?

Edwardsville, IL |

In 2006, my uncle and his now ex-girlfriend purchased a rehab property with thusing her credit card. In 2008, she purchased a house by herself because she felt that the rehab house was not the home she wanted. My uncle continued to rehab the home alone from 2007 to 2012. In 2008, she filed Chapter 7 Bankruptcy on both homes. The home in 2008 was auctioned. In 2010 she moved into an apartment with no intent on moving back to the rehab property. According to him, the only thing she has invested is the $3,500 that was charged to her Capital One credit card. Which my uncle gave her $1,160 of that back in a cashier's check in. He made attempts to buy her interest out in 2012 for $6,000. In 2012, she charged him with"fraud" for taking her name off the property by using a Quit Claim Deed

Attorney Answers 3

Posted

The recitation of facts is a bit confusing.

If I understand your situation, your uncle filed a quit claim deed to remove a co-owner's name from a property without the co-owner's knowledge or consent. That is clearly not permitted.

It is unclear what affect the bankruptcy had on her interest in the subject property.

If the co-owner will not agree to be bought out, your uncle will have to file for partition and an accounting.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Posted

I agree. Have your uncle see an attorney in his area asap. If she surrender the property in bk, that might be helpful too. Good Luck.

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1 lawyer agrees

Posted

I suspect a court order will be necessary to clear the title. Hire an experienced attorney to discuss and good luck..

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