Can a Homeowner sign two deeds to a buyer
I know this sounds stupid, but I recently had a homeowner sign to me a quit claim deed for his property. He is married but he is listed as sole owner on the deed. Does the wife have any interest in this property? Also can they sign to me a warranty deed instead even though they have signed a quit claim to me. I heard doing so the owner can later say that I made them sign under duress. Is there any way to get past this, I really need help from someone knowledgeable in this area?
bigredd,
To my knowledge, they can sign a hundred deeds. The one that gets recorded first is the one that counts. "First in time, first in line" as the saying goes. As for the wife, it depends on whether or not you live in a "community Property" state, such as Texas. Here, you would have to get her signature as well. To summarize, if you haven't recorded the quit claim, get a warranty deed and record that one.
So can I sell the house with a realtor being that I have the rights to the property.
There are no stupid questions, short of the one you did not ask.
He may be listed as sole owner on the warranty deed but is there a mortgage on the property and is their single or joint signatures on the mortgage?
Yes the wife may have some interest in her husband's assets. The big question is how long have they been married, do they have an agreement between the two with reference to assets.
Do you have a written agreement to purchase the property subject to?
Did you check the background of the subject property?
[addsig]
Okay they do share assests and the mortgage is in both there names. So when I draft the purchase agreement do I put it in both of there name or the person who name is on the deed. Also do I record the contract as well as the deed?