Foreclosure in 08088>Question Details

Jay, Other/Just Looking in 08088

I live in NJ and signed a Quit Claim Deed. It was not notarized in front of me and the witness signed a different name other than her real name. Does?

Asked by Jay, 08088 Sun Jul 25, 2010

this Deed hold any water? In other words, is this something that I can dispute?

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Jay,

You signed a quit claim deed. It was not notarized in front of you. The witness to your signature signed a false name.

You do not say that your signature was, in fact notarized, but if it was, the notary is acting incorrectly to say the least.

You do state that the witness signed a false name. And you know this to be true. Does this knowledge make you complicit in whatever the heck is being done by these people? Could someone be attempting to commit some kind of fraud?

I agree that you need an attorney to sort out this situation and your own potential liability.
1 vote Thank Flag Link Sun Jul 25, 2010
If you do not record the deed, then your claim to the property won't be legalised.

Resolve, once you have signed a quitclaim, the only way to get the property back is to have the grantee quitclaim it back to you or prove the transfer was invalid. If you can prove that you signed the deed under threat, external pressure, or the grantee made you sign by telling you false information, then you can have the quitclaim deed invalidated. For invalidating a deed, consult an attorney in New jersey.
6 Steps to follow in a quit claim deed:
First of all, obtain a quit claim deed form. You can get the form online. You can also obtain it from the office of the local county recorder.
Fill in the names of the grantor and the grantee. If possible address of both the parties has to be filled in.
Signature of the grantor should be there in the form. In some states, signatures of both the grantor and the grantee are required.
A public notary should verify the signature of the grantor. Generally, the grantor has to sign the deed in front of a public notary.
A legal description of the property is a must. This is because of the fact that without the legal description, deed can’t be recorded in the recorder’s office.
In order to make the deed valid, it should be recorded in the recorder’s office.
Good Luck and be careful.
0 votes Thank Flag Link Mon Oct 28, 2013
New Jersey statutes require certain wording in quit claim deeds in order to be valid.
As the grantor be sure the deed uses the parties’ current legal names. References to “formerly known as” should be used to also display the name that is currently on the real estate title. Only the parties' current name need be used in the grantee section.

Resolve, once the deed has been prepared it should be signed in the presence of a notary public or other official who can acknowledge the signature. The deed should then be recorded with the land records or recroder's office in the jurisdiction (county) where the property is located.
Consult your attorney for review.
0 votes Thank Flag Link Thu Mar 21, 2013
YES- you can dispute just about anything in a court of law-
has a notary myself, there are rules and guidelines that must be followed-

I highly recommend you seek legal council


Patricia " PATTIE" Romano
REALTOR® Associate
RE/MAX At Barnegat Bay
31 North Main Street ( RT 9 )
Manahawkin,NJ 08050
http://www.soldbypattie.com
609-978-4046
Direct cell-609-312-9043
eve: 609-978-5985 - till midnight

The Romano Team
Buyers Agent-
Janis Olson
REALTOR® Associate
609-276-1741
Web Reference: http://soldbypattie.com
0 votes Thank Flag Link Sun Jul 25, 2010
Hello Jay,
Thanks for your question.
This matter has to be addressed by an Attorney since. When you feel something does not seem right it is probably not. Make sure to get one so you have the legal help you need asap.
Regards,
Ines De La Cruz
RE/MAX Connection
Web Reference: http://www.inesdelacruz.com
0 votes Thank Flag Link Sun Jul 25, 2010
I can't stress enough that you contact an attorney right away on this one. Quit claim deeds can often be apart of some unethical real estate dealings. Often when something doesn't seem right, it is not. If you need a good attorney recommendation, then let me know and I'll provide you with a list. Hope that helps.
0 votes Thank Flag Link Sun Jul 25, 2010
Even if it were notarized and signed correctly by the witness, you still should have used a title company/attorney to close that transaction, and you should have obtained a title policy. What if that property has several tens of thousands of dollars of liens against it? What if that "seller" didn't even own the property?
0 votes Thank Flag Link Sun Jul 25, 2010
Jay. Consult an attorney as it would be in your best interests.
0 votes Thank Flag Link Sun Jul 25, 2010
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