What motion can I file for a lost quitclaim deed?

Full question:

I got divorce 3 years ago and the original quitclaim to me was signed by my ex husband but the title company lost the original and never sent it to record in city. I would like to file a motion with court in order that the court will sign the deed. Which form can I use for this motion? Under the divorce agreement we agree that I will stay with the house. Thanks can I file this motion by myself? How long does it take for the court to sign for it?

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: California

Answer:

In cases where a deed is lost, you can file a Motion to Establish Lost Deed or a Complaint to Quiet or Confirm Title. You may also combine both petitions. It is possible to file these forms yourself, but it is advisable to consult an attorney familiar with these legal processes.

After you file your motion, the court will set a hearing date. The time it takes for the court to sign the motion varies based on the court's caseload. It's a good idea to contact the clerk of courts for specific timeframes.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A quitclaim deed can be voided if it is not signed by the grantor, if the grantor lacked the legal capacity to transfer the property, or if it was obtained through fraud or duress. Additionally, if the deed fails to meet state-specific legal requirements, it may be considered invalid.