Q: Quit Claim Deed signed under duress without presence of Notary or witnesses. Is it binding in Florida?
My brother's wife bullied my 92 yo father into signing over his house to her and son and my dad was recovering from Pneumonia at the time and has regretted it ever since, even telling my brother he did it under duress and wanted his house back, but it fell on deaf ears. Now my brothers wife is harassing my father trying to get him out of the house (it is believed so her aged mother can move in) Help! My father signed without anybody present and never received a copy of the transaction, we don't know who the Notary or the witnesses are.
A: You need to take your father to a real estate attorney for a Consult. The more time that passes the worse the situation will become.
A: The first step is to find out if the deed was recorded. If so, it will need two witnesses and a notary (who can also be a witness). How do you know who was present when the deed was signed? Duress and improper acknowledgments can be grounds to invalidate a deed. You or your father should speak to a real estate litigation attorney.
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