Long ago my father purchased a commercial lot for about $25,000 in the Pine Mountain Lake development in Groveland, California. He and his wife have paid association fees, now about $160 per month, for years. Several months ago my father and his wife stopped paying the fees and recorded a new grant deed to the property in the name of my father, my brother and me as Joint Tenants. (This was done without asking if my brother or I wanted the property.) Since that time my father has died.
Why must my brother and I accept this property, with its financial obligations? Cannot we just quitclaim it back to my father�s widow, who already has a poor credit history?
I have just had to pay several months of back HOA fees, to keep from going to collections and having a lien being placed on the property. I don�t want my credit damaged while trying to resolve this.
I agree with Mr. McCormick in the sense that a deed is not valid if not delivered. You're a little sketchy on the delivery, as it seems that your father recorded a deed in your favor without actually giving it to you. This creates a presumption of delivery, which may have to be rescinded.
I disagree with Mr. McCormik, on his use of the term "wild' deed, which has nothing to do with your case, but can confuse others who look at the answers on lawguru for guidance. A wild deed is the first deed recorded after an unrecorded deed, which makes it difficult to trace title when working backward through the grantor/ grantee index.
I agree with Mr. McCormick in the sense that a deed is not valid if not delivered. You're a little sketchy on the delivery, as it seems that your father recorded a deed in your favor without actually giving it to you. This creates a presumption of delivery, which may have to be rescinded.
I disagree with Mr. McCormik, on his use of the term "wild' deed, which has nothing to do with your case, but can confuse others who look at the answers on lawguru for guidance. A wild deed is the first deed recorded after an unrecorded deed, which makes it difficult to trace title when working backward through the grantor/ grantee index.
