What to do when someone name is holding you back?

Question

Hey BP fam I’ve been at a crossroads for a few years now and I would LOVE advice or any information if my situation has happened to you

I I brought my first house when I was 25 from my father. I paid him and we did a quick claim deed. Over the next few years me and my ex were living and fixing it up. Needless to say the relationship didn’t work so I had decided to sell the property but came to find out when someone wanted to buy it there was another persons name on the title that dated back to when my father purchased it. Apparently there were two sisters that sold it to him and only one signed but she had a letter stating she was power of attorney for the other sister but apparently that doesn’t hold up (I don’t know why) and Yes I didn’t do a title search when I brought the property from my father 🤦🏽‍♀️. so for the pass 15 to 20 years ( I think) this womans name has been on the tittle At this point idk what to do I have looked for her called siblings turn in paperwork stating her sibling was power of attorney and nothing has budge I own my house free and clear and it could help jump start my real estate career.. please if you have advice I would appreciate it

P.S ALL ADVICE RECEIVED TO ME WILL NOT BE LEGAL ADVICE BUT MERELY SUGGESTIONS OF THAT PERSONS EXPERIENCE. I WILL SPEAK WITH MY OWN LEGAL.

Joe Homs · Answer

@Lutfiyya Portier I hate to tell you this but, you have done everything you should NOT have done.  It looks like the sisters still own the property.  You would have to get in touch with one of them to resolve this, which may need a probate attorney to resolve, and you may not get anything after that.  You should ALWAYS get title insurance when buying or selling a home.  A quit claim deed is worthless.

Your recourse now would be to get money paid from your father, but I don't want to have that conversation.  He may have been unaware. Possession is 9/10 of the law so I would keep renting out the home until hopefully you have recouped your investment and more.

Good Investing...

Tom Gimer · Answer

Account Closed would send the actual personal information (privately), I'm sure there are some of us who could locate the sister, or at least her last known location and contact information.

Further, if the fact pattern supports it -- after all, the claim is that one sister was attorney-in-fact for the other -- the missing sister may not even be an essential party to the litigation.

Ron S. · Answer

Well...ok...who is the warranty deed going to be from and to whom? Is it going to be to you? Ok, from whom? Is it going to be from you? Ok, to whom are you going to issue a warranty deed? A warranty deed is a promise or guarantee (or both) in a real estate transaction by a seller, to a buyer. What transaction would you create? Are you going to be selling the property? are you going to be buying it? Regardless, there needs to be a real estate transaction where there is a seller and a buyer, where the seller issues a warranty deed that guarantees that the purchase and the sale contain a valid transfer of ownership with no unknown encumbrances or other issues.No, you can't go back in time and obtain or issue a warranty deed with your dad. No, you can't go back in time and issue or obtain a warranty deed between your dad and that seller. If one didn't exist then, it doesn't exist now and you couldn't issue one now as you have a cloud on title.

Tom Gimer · Answer

@Lutfiyya Portier Tough situation for sure but certainly possible to solve. Is court  involvement required? Maybe, maybe not.

Skip-tracing your "co-owner" is the first step. It sounds like an honest mistake was made years ago and most people when confronted with this type of situation are reasonable and will sign whatever is needed to correct it. Maybe you pay them for their trouble and to avoid the lawsuit. But the problem will not fix itself over time... you have to be proactive.

Matt Devincenzo · Answer

Talk to the title company. I'm assuming your Dad's transaction may have been with the title company and therefor he may have title insurance. If so then he could make a claim and have them work to sort it out. Otherwise ask title what they need in order to fix this and insure title. They'll have some sort of legal counsel who can tell you what they'd need to see to resolve this. Generally a quiet title is probably the course of action to clear the other named title holder. The fastest/cheapest is to get the other title holder to execute a new QC to you, but if you can't find her then QT is your recourse.

Lutfiyya Portier · Answer

Account Closed That was my thought process also even when power of attorney paperwork was notarized and everything but when I was looking into the sisters name I barely found anything only a few phone that’s not her and address that doesn’t pin point her location

Tom Gimer · Answer

Account Closed The lawsuit I mentioned would be to quiet title — whether based upon the unrecorded POA, fraud, error, mistake, adverse possession, and/or anything else a local attorney could come up with that might be successful. You can plead in the alternative.

But I would be somewhat concerned about satisfying a “hostile” element in an adverse possession claim given OP admittedly was unaware of the interest until recently. It’s tough to be hostile against something you aren’t aware of. That’s an issue requiring legal research of local law for sure.

Another idea perhaps more leverage than anything would be the threat of a forced sale where OP would collect first every dollar put into for the property over the years before the pot is split.

Lutfiyya Portier · Answer

Ok why wouldn’t that be

Ron S. · Answer

There would not be a warranty deed available in this situation.

Ron S. · Answer

It's "Quit Claim", not quick claim.

You could try the quitclaim route. you might have to grease some hands but that's the fastest and cheapest way out.

if you didn't get a title report, sounds like you also did not get a title policy or close with title/escrow so, no use filing a title claim but yeah, if your dad had went through title in his purchase, maybe you could file a claim (he could) against title?

You could try quite title action, which is a lawsuit. You will have to prove your claim. That would be the last resort but that usually works when I have to do it and i've had to do it a few times.

The question you have to answer is, how much do you have invested in this, and will investing more benefit you? Will you prevail in the long run?

What to do when someone name is holding you back?

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