We signed a contract of sale in October 2013. In May 2014 a quitclaim deed was registered from our seller to her son. We've been making our payments and have heard nothing from anyone. I only found out when I tried to find our property tax bill because it never came and found the deed and the bill, sent to her son instead of here. Does that quitclaim deed invalidate our contract of sale?
An attorney would need to read the terms of the contract of the sale to properly advise you on this matter. That being said, the act of the seller conveying the property to her son--alone by itself--does not invalidate your contract with the seller. This assumes that the terms of the contract for the sale of the property allow for a party's interest in the property to be assigned to another. There appear to be some important facts that aren't being mentioned that would need to be disclosed to an attorney that could you assist you with this matter.
I agree with Mr. Crowfoot. Also the transfer to the son could be a fraudulent transfer depending on the terms of your sales contract. An attorney needs to look at everything (contract, quitclaim deed, any emails, etc.) and work out what laws apply here and how.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline