Texas Quitclaim Deed Fraud

Summary

A Quitclaim deed in Texas cannot be validly filed if both grantors are deceased, making it potentially fraudulent. If you suspect forgery, gather evidence and consult a real estate attorney to challenge the deeds validity. Legal action may be necessary to address fraudulent property transfers and clear any cloud on the title.

Full Conversation

Texas Law. Real Property that was community Real property that was split between spouses and they had children. The deeds are still the same from original purchase and they both are deceased. What happens to the property if one spouse does not include it in there will
Hi ****! In Texas, if one spouse did not include the property in their will, the property would generally pass according to Texas intestate succession laws. Here's a brief overview:
- If both spouses are deceased, the property typically passes to their children.
- The property would be divided equally among the children.
Do you need information on how to proceed with the property transfer?
The divorce decree judgement shows that and my Stepmother just recorded a Quitclaim deed from my mother that is forged and from 35 years ago relinquishing her rights
Hi ****, thank you for providing more details. If you believe the Quitclaim deed is forged, you may need to take legal action to challenge its validity. Here are a few steps you might consider:
- Contact a real estate attorney to discuss the situation and gather evidence of the forgery.
- File a lawsuit to challenge the validity of the Quitclaim deed.
- Request a title search to identify any discrepancies.
Would you like more detailed information on how to start this process?
In Texas a married couple that gets a divorce if one decides to relinquish there interest in the property years later would require both signatures in front of a notary together because they are both Grantors
Hi ****! In Texas, for a Quitclaim deed involving community property, both spouses would typically need to sign the deed in front of a notary if they were both Grantors. The situation you described raises significant legal concerns:
- The deed might be invalid if it lacks the necessary signatures.
- You may need to challenge the deed's validity in court.
Would you like more detailed steps on how to challenge the Quitclaim deed legally?
My question is who has the authority to record the Quitclaim deed
Case Rating: *
In Texas, the authority to record a Quitclaim deed lies with the county clerk's office where the property is located. However, the deed must be acknowledged before a notary public or other authorized officer before recording.
Would you like more information on this process or how to challenge the deed's validity?
Who has the authority to record the Quitclaim deed with the County Records
In Texas, the authority to record a Quitclaim deed with the County Records lies with the county clerk's office where the property is located. The deed must be acknowledged before a notary public or other authorized officer before recording.
Would you like to know the steps to challenge the deed's validity or any other related information?
Not the Clerk but the person that recorded it with the Clerk
The person who records the Quitclaim deed with the county clerk's office is typically the grantor (the person transferring the property) or their authorized representative. If you suspect fraud, you should gather evidence and consult with a real estate attorney to challenge the deed's validity.
Would you like more information on how to proceed with challenging the validity of the Quitclaim deed?
Both Grantors have been deceased for over 12 years.
If both Grantors have been deceased for over 12 years, this complicates the validity of the Quitclaim deed recorded by your stepmother. You might need to take legal steps to challenge this deed.
Would you like detailed steps on how to proceed with this challenge?
Can a Quitclaim deed be filed if both Grantors are deceased
No, a Quitclaim deed cannot be validly filed if both grantors are deceased. This would be considered fraudulent.
Would you like to know the steps to take to challenge this deed legally?
So one of the Grantors must be alive to record
Yes, one of the Grantors must be alive to record a Quitclaim deed. Since both Grantors are deceased, the deed your stepmother recorded is likely invalid.
Would you like information on how to challenge this potentially fraudulent Quitclaim deed in court?
It's forged, the Law firm never existed in Dallas and the address is a street not a building
If the Quitclaim deed is forged and the law firm does not exist, you have strong grounds to challenge it. Here are some steps you might consider:
- Gather evidence of the forgery.
- Consult with a real estate attorney to discuss your case.
- File a lawsuit to challenge the validity of the deed.
- Contact the county recorder's office to report the forgery.
Would you like more specific information on any of these steps?
I'm not going to challenge the Deed I'm going to file a suit for getting our farm and Fraudulent Transfer of Property
Hi ****, it sounds like you have a strong case for filing a suit regarding the fraudulent transfer of property. Here are some general steps you might consider:
- Gather all relevant documents and evidence of the forgery.
- Consult with a real estate attorney to discuss your case and legal strategy.
- File a lawsuit for the fraudulent transfer of property.
- Request a title search to confirm property ownership.
Would you like more detailed information on any specific step?
I already did the Title search that's my background, she just made a big mistake
If you're planning to file a lawsuit, it's crucial to have solid evidence. Here are some steps to consider:
- Compile all evidence of the forgery, including the invalid Quitclaim deed and details about the non-existent law firm.
- Consult with a real estate attorney to strategize your case.
- File the lawsuit for fraudulent transfer and seek to recover the property.
Would you like assistance finding a real estate attorney in your area?
No I have a law firm it's the first step on exposing her misconduct of my father's estate
It sounds like you're on a solid path to exposing the misconduct. Since you already have a law firm and evidence of the forgery, you are well-prepared for legal action.
Would you like any information on additional steps you can take or further legal advice on handling estate misconduct?
Did she do this to sell the property
It seems likely that the forged Quitclaim deed was created to facilitate the sale of the property. To address this:
- Gather more evidence indicating her motive (e.g., attempts to sell the property).
- Work closely with your law firm to build a strong case.
- Consider seeking an injunction to prevent any sale.
Would you like more information on gathering evidence or legal actions to stop the sale?
But it will not clear title only cloud it
Hi ****! It sounds like you're dealing with a complex issue. To address the cloud on the title effectively:
- Consult your real estate attorney to discuss clearing the title.
- File a lawsuit to challenge the forged deed and seek a court order to have it removed from the records.
Would you like more information on specific legal actions to clear the title?