Is there anyway to reverse a fraudulent quit claim deed or prove void ab initio without going to court?

Asked almost 2 years ago - Edwardsville, IL

Is there anyway to reverse a fraudulent quit claim deed or prove void ab initio without going to court? In 2012, my uncle removed his ex-girl friend's name by what she is claim as a "fraudulent quit claim deed" to a rehab property they purchased together in 2006. Now he has been charged with a lawsuit for "fraud". He has communicated with her and he agrees to return the deed "to its original state". Is there anyway to reverse what he did since the quit claim deed was "void ab initio"? And if so, what would be the legal steps to take? Does a Petition To Partition or a similiar legal document have to be filed also?

Attorney answers (2)

  1. Adam J. Lysinski

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Have your uncle hire an attorney asap. Not only should the fraud charges be dealt with (you don’t want a default judgment against hi), but he will need a court order if he wants to remove her from the deed. Good Luck

  2. Michael T Millar

    Pro

    Contributor Level 19

    Answered . 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.

    You uncle can "undo" the change by filing another deed granting his ex-girlfriend her original interest in the property.

    He should consult a local attorney ASAP.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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