Getting out of a Quick Claim Deed
My friend did something stupid and signed his home on a QCD to his children, he needs to sell his home but cannot because they will not sign off on the QCD. Is there anything he can do to cancel the QCD?
It's called a Quit Claim Deed. As long as the children recorded the documents at the courthouse, then there isn't much he can do. The only thing I could think of is to QCD it back to him and have the children sign off on it, but to me it sounds like his children are pretty stubborn.
Tanya
Sounds like a real loving family. Why does he need to sell? Any money still owed against the property?
First thing, like Tanya said, check to see if the kids actually recorded the deed. Either do it yourself, or have an attorney/title company search. If not, he could do a quick close subject to deal with you, giving you a warranty deed, and then you could sell it.
If it has been recorded and there is a mortgage/deed of trust agreement, he could possibly use a scare tactic to force a response. They could either sign the deed back to him or refinance the property in their own names, or he will simply stop paying the bills, and let the bank have it back. Of course, this is a high risk scenerio, but it may work. Otherwise he's pretty well screwed.
Roger