Athens, TN asked in Foreclosure, Real Estate Law and Civil Litigation for Tennessee

Q: How can someone sign a Deed of trust from inheritance without having the Quitclaim signed off on

A mortgage company conned my mother into signing her Deed of Trust putting a lien on a piece of land she inherited from her mother's estate on 4/16/07. After my mother's passing I learned that my mother's brother never signed the quitclaim on my mother's land when it was inherited in May 2002. Now the land has been foreclosed on by the mortgage company. My question is how could my mother legally sign the Deed of Trust to the mortgage company if the quitclaim was never signed in the first place? Also how can the mortgage company foreclose on the land? The mortgage company called it a deed in lieu.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Columbia, TN
  • Licensed in Tennessee

A: Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.

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