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Reversing a quitclaim deed Once a quitclaim deed has been signed and recorded, it cannot be undone as the previous property owner has already transferred the property to the new owner. The new owner would have to voluntarily give back the property to the original owner.
Requirements for Deed Rescission A deed rescission will return ownership of property to the previous owner as if the sale or transfer of property had never occurred. To be legally valid, a deed rescission must be mutual, meaning that all parties involved in the transaction must consent to the rescission.
Rescission as a Remedy to Parties Where a Business or Real Estate Contract has Been Entered Into Based on Duress, Fraud or Mistake. Generally speaking, rescission is a statutory and equitable remedy which restores the parties to the condition they were in prior to execution of the agreement.
By completing a quit claim deed, the owner quits his interest in the home. Obtain a quit claim deed. ... Fill in the names. ... Copy the legal description from the current deed. ... Fill in the tax assessor's parcel number space located near the top of the deed. ... Insert special clauses.
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