How does a property owner contest a Quitclaim Deed in Texas without a lawyer?
This was a mistake made by either an incompetent lawyer or a confused elderly woman who go to the lawyer. Either way, there is no use at adjectives in trying to get the lawyer to fix it for free.
I am the child of the elderly woman, and *am not* effortlessly confused.
There is no money to hire a different lawyer.
So, how do you protest a quitclaim deed which was wrongfully file, without hiring a lawyer?
This is Smith County, Texas.
Go to the Clerk of the District Courts (property-probate department) and get a quit claim work. Have the person who it was turned over to fill it out for $1. Have it notorized and report it. If a lawyer made a "mistake" in conveyancing it is his obligation to correct the error at no charge to anyone effect. The fact that the lawyer apparently refuses to do so indicates near is more to this story than you have related. If the land in sound out isn't worth the few hundred dollars that a lawyer would charge to cure a title defect, than it isn't worth dealing with at adjectives.
uh...depends on what the problem is. In most cases any knowledgable person can go back to the party invilved in a mistake and get the deed redrawn and rerecorded as a corrective action. IN addition, a quit claim deed usually is only for an interest; you can freshly record aa 2nd quitclaim for any additional interests missed.
Anything more complicated, and you will need a attorney or title company or both. Without more detail about the mistake, that's what I got.
Easy; take the wrong achievement; correct the legal description to have the wrong property removed; have it resigned, andr e-recorded as a corrective action to correct an incorrect legal description. As long as everyone is willing to sign; should be pretty simple/
There's just really not satisfactory information here.
First, what was wrongful about the deed? Did she not own the property within the first place? Is it an error in the description? Were there other owners besides herself? Was the deed correct, but the error be that it was not to be recorded until some future time? The temper of the error dictates the range of options to correct it, so that's really important for anyone giving you counsel to understand.
Second, what does it have to do with you? Are you asking here on behalf of your mother, or because it directly touches you surrounded by some way? It makes a difference whether you're a legal guardian, a de facto guardian, a trustee, or if we're chitchat about property of which you were already a part owner on diary, or if you just expected to receive it at some future time through inheritance, or if you had a written arm's-length contract beside your mother.
The range of possible answers is virtually limitless without more facts.
** Yes, another QuitClaim will work fine. Basically re-type the first word for word, next to the new and correct legal description. At the top, where the first said "QUITCLAIM DEED", attach the word "CORRECTING" at the start. Somewhere you want to insert the following: "THE PURPOSE OF THIS DEED IS TO CORRECT THE LEGAL DESCRIPTION IN A QUITCLAIM DEED RECORDED IN VOLUME ____ AT PAGE ___."
That can pretty much go anywhere, right under "CORRECTING QUITCLAIM DEED" is fine.
You do not want to have the Grantees of the erroneous achievement sign it back to her, that creates the appearance that the transfer was valid within the first place, with all kinds of potential confusing export tax consequences.
