If an estate home was quitclaim deeded over to someone in preforeclosure status, does that person have legal right to collect rent and be a landlord?

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If an estate home was quitclaim deeded over to someone in preforeclosure status, does that person have legal right to collect rent and be a landlord?

The home we lived in was the property of an estate where I was 1 of the children. We were going to buy but the bank would not because of arms length rules. We fell behind and executors quitclaim deeded the house over to agent who had us sign lease agreement same night. 6 months later the house is still in estate’s name and quit claim deed has never been filed. We didn’t pay rent because our concerns weren’t answered. We’ve moved out and want to know if we can sue for rent paid if he had no right to collect rent on property and what type of attorney we should speak with?

Asked on October 5, 2011 under Real Estate Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under tha laws of all states unless there is an agreement to the contrary, the person holding legal title to a piece of real property is the owner of record and is entitled to collect and receive the rents for the property for his or her own use.

If the quitclaim to the agent has yet to be recorded, then the property that you write about is not in the agent's name in order for the agent to be record owner to actually be entitled to the rent.

Given the circumstances that you have written about, you need to consult with a real estate attorney experienced in deed transfer and the effect of such transfer or not.

Good luck.


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