Law & Legal & Attorney Wills & trusts

How to Nullify a Quitclaim Deed

    • 1). Talk to the person who you quitclaimed the property to and explain why you want to undo the transfer. If you are able to obtain cooperation for this, prepare a quitclaim deed that will transfer the property back to you and be ready to pay the necessary expenses. This will, at a minimum, include notary fees to have the quitclaim notarized and filing fees required by the county recorder's office.

    • 2). Consult with a knowledgeable real estate attorney, if you cannot obtain the return of your property voluntarily. State laws will vary, but in general you may be able to have a court set aside the quitclaim if you signed the document under circumstance that indicate your actions were subject to fraud, coercion or undue influence. Explain the circumstance to your attorney so that she can advise you on your rights.

    • 3). Assuming you can make a legal claim to set aside the quitclaim deed, retain your attorney to communicate with the person you transferred to property to in order to try and work out a mutually acceptable resolution to the situation.

    • 4). File a lawsuit if your attorney is unable to resolve the situation. Most states permit civil lawsuits known as "quiet title" actions that are used to challenge ownership to real property and obtain title to the property in your name. Your attorney will advise you on the specific type of action to file in your state, but a lawsuit will be your only recourse without a return of the property to you voluntarily.

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