Question:
Is it legal to quick claim deed my property into my alias name and then sale it to my mom under my alias?
valencia
2010-05-14 12:49:57 UTC
Would there be any legal ramifications on ownership? Meaning me and my mom established and agreement for her to purchase my home. I set up a memorandum as the seller under my alias and sold it to her as the buyer under land contract. Unfortunately mom took out insurance being that she's always gone on tour (a best selling author) to protect and secure her valuables and sadly her home caught fire. Now she is running into a problem with her insurance company trying to see if they are entitled to pay being that her ownership of the home at the time of the incident is being questioned by it being under my alias name. My question is eventhough I quick deed my home into my alias for personal issues that consist of someone finding me and possibly causing me bodlily harm, am I still considered the owner under me and my alias name? Just im case the insurance company feel there is a descrepency in owners. Also would the agreement between me and my mom still be valid meaning is she still the owner of the home?
Eight answers:
WRG
2010-05-14 12:54:55 UTC
Transferring a deed under an alias would be fraud and invalidate the deed and any deeds on that property that follow it.
LegallyDrunk
2010-05-14 13:09:03 UTC
As far as the insurance goes, where is the fraud or the fraudulent conveyance. While the whole single entity thing raises a question he should be able to legally transfer the property to himself. Then his alias can quit claim to his mother. The mother at that time has an interest in the home with the only problem being that there may have been no consideration for the sale, but you can transfer the property without a contract. Once she received the deed she has an insurable interest in the home. The home burned and absent foul play the insurance company should pay.

All a quit claim does is relieve the transferor of any liability for unmarketable title defenses.



Please deconstruct my reasoning if i'm wrong, but as far as it goes it doesn't seem like there is any fraud here, although its ripe for tons of fraud in the future.
2010-05-14 12:53:15 UTC
When the court doesn't back you having an alias, it's called fraud.



Do you have police reports confirming this statement "My question is eventhough I quick deed my home into my alias for personal issues that consist of someone finding me and possibly causing me bodlily harm"



It's not something you can just make up yourself otherwise every fraud artist would fearing for their life.



You're using an alias to screw someone out of money, either a company, government, or medical program, all in.
?
2010-05-14 12:55:21 UTC
Hey Valencia,



It depends on the rules of your county/state. But I think the short answer is No. Regardless of the type of sale it is, it has to be registered at your conveyor's office (different areas have different names for this office) or the registrar of mortgages. With that being said, those transactions usually at the very least need to be notarized which of course you couldn't do under an alias without proof of identity. The insurance company also, when they start to investigate will look into all of that for fraud, as they only want to cut the check to a real person.



Hope this helps you,



Nate
EEJ
2010-05-14 12:54:06 UTC
Although I am not a lawyer, you and your alias are the same entity, and although the insurance company may try to play shenanigans with any "discrepancy" they find in an effort to not process the claim, I would think your case makes sense and is sensible.



However, I don't have any formal knowledge of the requirements for establishing an alias, and what implications it may have if you did not do this properly.
ibu guru
2010-05-14 12:56:32 UTC
First of all, it is a Quit Claim Deed, not "quick claim." Bet the deed is not title-insured, and not properly registered.



Second, you could be charged with fraudulent conveyance. The insurance company is likely going to have your hide and tan it to kingdom come. You'll be lucky if they only refuse to pay the claim. You need an attorney - boy, do you need an attorney.
wizjp
2010-05-14 13:04:39 UTC
If you don't know the difference between QUick and QUIT, you need to be talking to a lawyer, not soliciting free advice.
?
2010-05-14 12:56:31 UTC
sounds like you're phishing for some info to scam someone


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