Legal Question in Real Estate Law in Michigan
Legalities of back dating a quit claim deed
We are selling our home and was going to do a for sale by owner. We have someone that would like to make an offer that appears to be an investor. He had other purchase agreements and quit claim deeds to show us. He does have a lawyer firm he works with that is not on the BBB website. He would like to buy the home 01-20-06, but back date the quit claim deet to 01-01-04. He states that this way he can show equity in the home to get the mortgage. What are the issues we may run into by back dating a quit claim. Is this something done all the time? Is this something that once signed, we can go back on if the purchase agreement is not adheered to? Should we just tell him no? Or do we need to seek out a lawyer to represent us also?
1 Answer from Attorneys
Re: Legalities of back dating a quit claim deed
Back dating a deed is fraudulent. Deeds must be notarized, and in order to back date a deed, a notary must be willing to lie and state that he or she saw you sign it 2 years ago. I would stay away from this purchaser and find a straight-forward purchaser who will not try to lead you down the path of probable trouble. Hiring an attorney is always a good idea and usually money well spent.
Good luck.