My mother passed away and her house has a reverse mortgage. The house is for sale to a person I know. To transfer the water so the house can be cleaned up. The water company said to file a quit claim deed. Now he is saying the house is his. Since the quit claim deed was filed. He was wanting to wait till Aug to close on it. Is the quit claim deed legal for him to take control away from me?
Moving this to Probate. Perhaps your mother's estate has already been probated, or there is an administration pending, but this step was not mentioned in your query. You do mention your "control" so maybe you are the Executor or Administrator. It is unclear.
Also, one does not simply go file a quitclaim deed, it is record of a transaction between a buyer and seller; who transferred what to whom? It kind of sounds like you deeded the property to him, but I am not sure. In any event, a quitclaim only transfers as much interest as the seller has.
Anybody else read this and get a better idea of what he's asking?
Answers to questions are for general purposes only and do not establish an attorney-client relationship
I agree with Randell. Get copies of the deed and the reverse mortgage papers, should be on file at the county clerk's office and go see an attorney. For a better answer, we need more information.
If there has been a probate, also get copies of the papers on file, also from the county clerk.
Next, do not ever give or accept a quitclaim deed in Texas. Most Texas title companies consider this to be a title defect and may not be willing to write a title policy when the property is sold.
Getting this done right can save a lot of trouble and expense in the future. Please go see a real estate attorney.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
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