Legal Question in Wills and Trusts in Mississippi

Quit Claim Deed

Hello. 10 years ago, I signed a quit claim deed on property. I was then told I was a fool for doing so. Recently, I was sent a new quit claim deed on this same property. One reason was because the paperwork was lost and never filed. The other was because not everyone was willing to sign so the paperwork was never filed. I refused this time. It seems that the old paperwork has been found and 1 party who signed then is now deceased, a couple of others have had legal name changes. And...this paperwork is 10 years old. Is this paperwork still legally valid?


Asked on 7/22/07, 7:08 pm

2 Answers from Attorneys
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: Quit Claim Deed

I thinks so, but I would need more information. If you need any assistance please contact me.

Read more
Answered on 8/01/07, 5:01 pm
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Quit Claim Deed

As between the parties to a deed that has been signed and delivered, the deed is not invalidated because it has not been filed. Miss. is a race notice state. If somebody else is also deeded the property by quitclaim and that person files first, then that person will be recognized as the owner of merchantable title to the property as opposed to someone who later files a quitclaim deed from the same grantor. The unhappy grantee will then have to look to the grantor for any damages that might have accrued because of a breach of agreement. If the property was given as a gift, the grantee may not have any damages. But, there is a maxim that equity abhors a forfiture so beware. Also, there is the possibility that after 10 years someone has obtained a right of ownership through adverse possession if the possession was without consent of the present owners.

Read more
Answered on 7/22/07, 10:10 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Mississippi