Posted: Sun Feb 18, 2007 5:51 pm Post subject: quick claim deeds
Two years ago my husband signed over a quick claim deed now he is trying to go back and claim half the equity in the house can he do that divorce not final till the end of month
Posted: Sun Feb 18, 2007 9:33 pm Post subject: RE: can spouse claim half of the equity after quit claim
Hi Guest,
Welcome to the forums.
Since your husband has signed over the property to you, legally he does not have any interest in it. But he can claim for half of the equity considering the fact that the divorce is about to be finalized.
I guess you have approached the court for the divorce case. If that is so, then he may or may not get the amount worth half the equity depending upon the decision taken by the court. But if you are into mutual agreement, then the situation may be different. Please let me know more about this so that I can comment on this issue.
Posted: Wed Feb 21, 2007 11:12 am Post subject: What do we need to do?
My husband had been divorced for almost six years and the house is still in both his and his ex wifes name. She used her VA certificate in the purchase of the home. I am able to submit a VA certificate and since I have lived in the house for five years, would like to have her submit a quit claim deed. Will we owe her anything for having her to sign one? In addition, because we have a joint account, I have also been paying on this mortgage since December 2001 but am not receiving any credit for it. She has never paid on the mortgage.
Posted: Fri Feb 23, 2007 2:47 am Post subject: simple question
my mother quitclaim'ed me my current residence last year
there is no morgage or any other debt on the property
is that all that needs to be done to transfer complete "ownership" of the property on to me?
Posted: Fri Feb 23, 2007 4:46 am Post subject: RE: transfer complete ownership
Hi anonymousjb,
Welcome to the forum.
Once your mother has quitclaimed the property against which there is no loan, it should be recorded at the office of the county recorder. This is done to ensure that the transfer of property is included into the public records.
Once the deed is recorded, it is considered to be valid, and yes, the complete ownership rights are then transferred to you.
But have you recorded the deed? You haven't actually mentioned this.
Thanks for your answer Samantha!,
as far as "recording" the deed...well it was drafted and signed at my lawyers office and noterized then a copy was sent to me with a seal on it?
does that mean it "is" recorded?
sorry to sound like such a doofus, but its all new to me...
Posted: Mon Feb 26, 2007 12:35 pm Post subject: RE: recording of the deed
Hi anonymous,
The deed will be recorded after it is entered into the public records kept at the office of the Register of Deeds or the County Recorder. If you have taken help from a lawyer, then ask him if he has recorded the deed in the County recorder's office. Or else, you can yourself approach the office to get your deed included within the public records.
Posted: Thu Mar 15, 2007 12:01 pm Post subject: Get this mortgage off my back
I have a house which I owe money on , an what to get rid of it ...I have no desire to profit I just want to walk away free and clear...I have someone interested in the house and wants to do a quit claim.
Is this going to give me the desired result? free of the mortgage and house ?
If not and the person I deed the house to ...does not make the payments does that "screw" me the grantor?
You can quit claim the house to him but that will not transfer the mortgage. To get rid of the mortgage you need to pay it off or transfer it in his name. Talk to your lender and ask about the possibility of the mortgage being refinanced in his name or he allowed to assume the mortgage payment responsibility. Assumption of mortgage will be possible if your mortgage contains an assumption clause.
Before giving up the property first have a talk with your lender and explain the situation. If the lender does not allow the refinance because of this person's poor credit or other reason then mortgage will remain in your name and if he stops making the payments it will affect your credit score.
So you need to clear up all the facts before finalizing the property transfer.
Posted: Thu Mar 15, 2007 9:29 pm Post subject: RE: Get out of debt and property
Hey DT,
If you are the one signing on the quit claim deed and giving away your house to someone, it does not free yourself from the loan. You need to transfer the loan to the other person. The best way to do so is to ask that person to refinance the loan in his name and take over the title simultaneously.
Posted: Tue Apr 03, 2007 7:59 pm Post subject: Quit claim deed in Florida
I am about to sign a quit claim deed from a property that I just close to a LLC company own by me and my business partner, we plan to pay everything 50 50. Do I have to do something that legally obligates him to pay his half of the mortgage? I am under the impression that I will be the sole responsible for the mortgage.
My Mom, husband and myself share a home together. It is in my mothers name and has a mortgage in my mothers name on it. We want to quit claim deed this to my husband and myself. What happens to the mortgage? My mother is still going to live in the home with us. We live in Florida.
To get the ownership from your mother, your mother will have to create a quit claim deed as the grantor and both of you will be named as grantees in the deed.
Regarding the mortgage, it will remain in your mother's name and would have to be refinanced in your name as property transfer does not result in transfer of the mortgage.
First thing to do for you will be to get in touch with the lender and explain your intention of changing home ownership rights. He will require you to have the mortgage refinanced in your name.
At the time mortgage is refinanced the quit claim deed can also be made out for transfer of ownership.
sara
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