Is a quick deed valid if the mortgage is till in the grantors name?
Is a quick deed valid if the mortgage is till in the grantors name?
I quick deeded my house to my mother right before my divorce. she died without signing it back, I still hold the mortgage. My stepfather has gone to probate and now is saying the home is his? what can I do?
1 Answers
Votes
Older
Newer
1
The two are seperate instruments - he is likely right
You now owe on a home that is not yours -
The deed says who owns it - the mortgage says who owes for it -
For anyone else reading I cannot emphasize this enough
NEVER quit claim a property that you owe money on -
that said your options are limited at best - I would consult a local Real Estate attorney
Your only real leverage is the mortgage payment - who is making that? If no one makes it the bank can foreclose and then no one gets the home........
I would plan on showing up in court to contest the probate - if you dont they will grant him the transfer without question.........
Until he has it in his name you may have a chance -
Good Luck
Brian Barnes
ENG Lending
Nationwide Lending