Real estate conveyances are invalid in some circumstances
It's generally possible to transfer ownership of a house using a quitclaim deed or by preparing a new deed and filing it with the relevant authorities, with particular requirements varying by state. However, there are some pretty strict rules to ensure that the transfer is a valid one.
In many states, the document must include specific information about the property, the party who owns it and who it is being transferred to. It also usually must be notarized and/or signed in front of a witness for it to be recorded — although the rules do vary by location. If a deed isn’t carried out in accordance with local laws, the transfer likely won’t be valid.
According to Keystone Law Group, the property owner who is transferring ownership also has to be of sound mind and act voluntarily of their own free will. If the document is signed because of excessive persuasion, or if the property owner was threatened or intentionally misled, the transfer of the deed — or the conveyance — has the potential to be invalidated.
But, you need to prove that there was a problem with the deed transfer. If your dad simply changed his mind or regrets his choice, this isn't reason enough to undo what was done. You'll need to contest the deed with a probate lawyer and provide evidence of the tricks or techniques your uncle used to get your dad to sign it.
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Learn MoreHow do you prove a deed invalid?
If you want to invalidate a deed transfer based on any of these issues, you'll need to present evidence such as proof of threats or coercion to a court. This can be difficult if it’s your uncle's word against your dad's. However, documents like emails, texts or other communications that provide a paper trail surrounding the deed transfer may be helpful.
An elder law attorney may also assist in proving your case, as seniors tend to disproportionately be victims of fraud. An attorney can help you gather evidence and make a compelling case. And, perhaps if you're lucky and your uncle knows he acted improperly, the fact that you're involving a lawyer at all may make him change course.
Since your uncle is trying to sell the home, acting quickly could work in your favor when pursuing legal action. If there's a case pending that disputes ownership, your uncle should wait until it’s resolved to potentially sell the house — but if he’s already tricked your father, you may need to take steps to stop the house from being sold — something your lawyer can advise on. It may be a lot easier to retract the fraudulent asset transfer before the home is sold to an innocent party and is gone for good.
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