Home Buying in Goldsboro>Question Details

Rebecca Mare…, Home Owner in Jacksonville, NC

My name is on the Deed of trust, can it be sold without my signature on a quit claim??

Asked by Rebecca Maready, Jacksonville, NC Fri Dec 21, 2012

I was married and my husband refinanced the house we were in. When that was done, my name was added to the Deed of trust, Power of Attorney and a couple of other things, but not the loan. We are going through a divorce and property settlement. He decided to sell the home and a week before it closed I found out. I contacted the realtor, the closing attorney and my attorney. The realtor freaked and tried to get him to settle, the closing attorney wanted me to sign a quit claim deed and put the money in trust until we went to court. Well, 4 months go by and I find out on 11/30/12 that the has was closed on without any signature from me. Am I missing something??????? PLEASE HELP!!

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Unfortanately it will depend on how teh deed and POA was written and what you actually signed. You should go over it with your divorce attorney and see if they refer you to a real estate attorney, Good luck working things out
0 votes Thank Flag Link Tue Feb 19, 2013
Hello Zoey,

A Deed of Trust is one of two instruments needed to perfect a lien on real property in North Carolina. If he had you sign a Power of Attorney at the time you did the refinancing, it may have stated that he has your approval and authority to sell the the home. North Carolina is tenancy by entirety, which means you jointly own the entire property together. There are a lot of variables including what state the property is in and what the Power of Attorney states. If you had an attorney, he should have been able to explain all of this to you. Also the real estate person has no real liability here. The attorneys are responsible for this and if there was a title insurance policy issued you may be able to collect from it there is a problem with the sale. Either way a couple of attorneys are not going to put their law license on the line over a few hundred dollars.
0 votes Thank Flag Link Tue Feb 19, 2013
The realtor and closing attorney are in trouble.
Find out who the realtor's broker is.... Contact them. Let them know that you made the realtor aware of the situation BEFORE closing and that he/she let it happen anyway.
You see, the broker is on the hook too.... And might be willing to help you get in touch with all of the right parties.

Some of the answers will say: "Hire a lawyer"..... and they are right. Do you ave a divorce attorney?
They can help you.
0 votes Thank Flag Link Fri Dec 21, 2012
I seem to be getting the run aroung from my attorney, I have contacted the NC Bar Association in regard to that. My ex has left the state with all the closing proceeds of about 20k plus and we still haven't gone to court. Thank you for your help!
Flag Fri Dec 21, 2012
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