A quitclaim deed is a legal instrument that allows a person to quickly release any interest he may have in a piece of real property. Unlike other types of deeds, a quitclaim deed doesn't prove what, if any, legal interest the person signing (also called the grantor) has in the property at issue. For that information, a title search is needed.
In most states, quitclaim deeds are difficult to overturn. In order to overturn this type of deed, a person needs to be able to prove that the signer was incompetent in some way or that another person exercised undue or nefarious influence at the time the deed was signed.
Quitclaim issues often arise in the course of an estate being settled.
Filing a Lis Pendens for Quitclaim Deed Issues
Filing a Lis Pendens won’t directly help overturn a quitclaim deed, but it is a smart thing to do if someone is going to challenge the deed.
“Lis Pendens” is a common legal real estate term that means “suit pending.” A Lis Pendens can’t stop a property from being sold, but it can make it much less desirable by lowering the value or making it difficult to get a loan against it. Not many people want to encumber themselves with real property that has potential litigation attached to it.
Filing a Lis Pendens usually entails a trip to the deed office where the property is registered. There, paperwork can be completed and recorded. Anyone searching for the title to that particular piece of property will see that there is potential litigation against it until the Lis Pendens is lifted,
Technical Issues That Can Get a Quitclaim Deed Overturned
Certain information must be contained in a quitclaim for it to be legally valid. This information includes a full description of the grantor, or the person who signs away his rights, and the grantee, the person who receives those rights, as well as the piece of property at issue. Additionally, the signatures must be legally notarized.
These things should be verified carefully if there seems to be an issue with the deed. If any of them don’t check out, then there is a chance the quitclaim can be overturned on technical or procedural grounds.
Mental Competence Issues Can Help Overturn a Quitclaim Deed
In most states, courts will consider overturning a signed quitclaim deed if it can be shown that the person who signed it was mentally, psychologically or emotionally incapacitated at the time he signed the deed. This can be proven in a variety of ways.
If the grantor was on medication or alcohol, he may not have been lucid when the deed was signed. Additionally, certain mental and physical conditions affect cognitive capacity. Proof of incapacitation can be shown with witness testimony, written documentation or both.
Proving Undue Influence Can Help Overturn a Quitclaim Deed
In many instances, a quitclaim deed can be overturned if it is shown that someone exerted undue influence on the grantor. An example of this is a person who threatens or manipulates the signer to sign the document. In most cases, a person who exerts such influence is trying to gain a benefit for himself.
While every person has the right to represent himself in any court action, real estate and estate law can be complicated areas that differ from state to state, so lay people are likely to get a better response by hiring an attorney.
For more information concerning handling legal matters without a lawyers, please read Self Representation without an Attorney.
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Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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