Charleston, WV asked in Estate Planning for West Virginia

Q: I was misled into signing a POA of conveyance on my home of which I had a quit claim 100% survivorship with my companion

We bought a home 15 years prior and had a quick claim deed on it because I wasn’t on the mortgage because we got a cheaper interest-rate that way his daughter talked us into refinancing to get a lower payment and I was told I needed to attend the closing of the refinancing to sign a disclosure stating I was aware that there was a loan being taken out on the property! Immediately after signing what I thought it was a disclosure it ended up being a POA of conveyance and immediately I stated it I did not want that and I wanted the paper destroyed and I requested the paper be destroyed he would not give it to me and told me I could revoke it at any time I repeatedly asked for it and I was denied and his daughter was there and had that drawn up unbeknownst to me! So now I’m no longer on the deed but she is now on it with a joint tenancy with right of survivorship! How can I rectify this? If I revoke the POA and revoke it will I regain my deed? I’m devastated!

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: As a general rule, signing something you did not understand or, worse, did not even read, is not an excuse for the legal consequences of what you signed. You should have read the document. If you did not understand it, you should have hired an attorney to advise you.

That said, the person that asked you to sign it cannot misrepresent it. That is fraud in the inducement and that IS an excuse if you REASONABLY believed the misrepresentation. The trouble is, the fraudulent misrepresentation is going to be hard to prove, and your reasonable belief is going to be hard to prove too. It all depends on very specific facts that are missing from your narrative.

But do not try to repost your question with more facts. This forum is for legal questions of a general nature. It is no substitute for personalized legal advice regarding your particular situation. You need to discuss your particular facts and circumstances with a civil litigation attorney. And do not delay. Every day that goes by will make your case more and more difficult and, at some point, you will lose your rights due solely to the passage of time (when the applicable statute of limitations expires).

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