Seniors Under Pressure: Could Someone You Love Sign a Deed Away?

It’s an all-too-common story. You’re caring for your parent, who’s a deed holder. And when you’re not looking, another person persuades the senior to sign over the deed.

Who puts pressure on elders to give away their homes? It could be a renter. Maybe an acquaintance or relative. Maybe a health assistant or handy person. 

In any case, the senior does not understand the meaning of what just happened.

Now what?

Legally, Is a Vulnerable Senior’s Deed Transfer Valid?

In general, whether or not we’ve carefully read and understood the paperwork, adults are liable for what we sign. A person who transfers their deed to someone else is bound to that agreement.

There are some exceptions. If those exceptions are present, the deed may be voidable in court. A person must be of sound mind and must make a voluntary decision to transfer a deed.

But — unless evidence shows that the signer feared actual violence — proving that deed signer elder faced unlawful pressure can be difficult.

State law varies, and each situation has unique factors. So, whether the deed transfer is valid is a question for an attorney in the state where the home is.

Can an Unfair Deed Transaction Be Reversed?

There are a few ways you could get the deed back to its rightful owner. Your next step will depend on your (and your parent’s) situation.

Do you hold a financial power of attorney (POA) for the senior? With a durable POA, you can help loved ones manage real estate decisions when they lose capacity to do so themselves. If you hold POA authority, your parent lacked the personal ability to transfer the deed at all.

See more about power of attorney on Deeds.com, and how you can create a durable power of attorney in 8 steps.

Contact the title company and alert them to the issue. Does a mortgage company still have a lien on the title? Then the lender also has a stake in fighting an improper deed transfer. Check also for any extended title insurance policy that the senior homeowner might have purchased with the home.

If getting the title back from a wrongdoer seems impossible, you might need to take the case to court in a quiet title action. A court would need to determine whether the elder experienced mental confusion, and someone exerted undue influence to push for a deed transfer. As the National Notary Association points out, “determining a signer’s willingness can be tricky, especially when pressure comes from a relative or caregiver.”

The outcome of a quiet title action depends on state case law, applied to the facts in a given situation. Key facts involve the documentation of the senior’s weakened mental state, the relationship between the senior and a manipulative party, and the lack of fairness in the transaction. A lawyer for the vulnerable adult may call medical witnesses to help the court determine whether your loved one had the capacity to sign a deed away.

Where Do I Turn for Support?

Alert the county recorder of deeds and law enforcement to the improper deed transfer. And call an elder law expert or a wills and estates lawyer. Explain that you believe the matter involves financial exploitation of a senior. Moving fast may help you avert the recording of a new deed or the sale of the home to an unsuspecting buyer.

Nonprofits and government agencies offer support systems, too. Search for county-based elder resources. Check your state attorney general’s website to see how you can file a complaint against senior financial exploitation. Here, for instance, is one of → Pennsylvania’s senior exploitation resources. Look up similar support systems in your state and county.

With support and persistence, you should be able to recover a deed from a wrongful conveyance, and restore it to its rightful holder.