Owner deceased: is quit claim deed possible?

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Is it possible to quit claim property to someone if there is a mortgage on it?

demoac · Posted: Tue May 30, 2006 8:49 am Post subject: RE

You can quit claim the property, but it will only transfer the interest not the mortgage.

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can i be forced to sign a quikclaim deed by a step-mother

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Legally no, and if you think they are forcing ou then you have the rights to take legal action against them.

Samantha · Posted: Fri Jun 09, 2006 9:30 am Post subject: forced to sign quit claim deed

Hi,

Welcome to MortgageFit Forums.

Under no circumstances one can be forced to sign a quit claim deed. Even if you sign the deed under pressure then you can fight for it at the court.

If it can be proved that you were pressurized to sign the quit claim deed then the deed gets cancelled. But that is not easy to prove so stay away from signing any deed if you do not agree to it.

Feel free to ask if you have any more queries.

God bless you.

For MortgageFit,
Samantha

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My wife and I recently came into a home and other land from a death in our family.

We both have kids from other marriages and want to be sure that the home plus lot is only left to the other of us in the event of our death.

We also want to be sure that the other land is deeded so that if one of us passes the other ones children get 1/2 of the land that our name is on...

Thanks

Bob

jameshogg · Posted: Tue Jun 13, 2006 4:14 pm Post subject:

Hi Bob,

Both of you can individually transfer your interest in the property to your kids through quit claim deed.

But as real estate transactions involve legal matters, it is always advisable to consult a good real estate attorney to get proper advice on the preparation of the deed. Efficient professional handling of these matters will help to avoid any future dispute.

James

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My father filled out a quit claim deed in July of 2003 giving me his homestead, with the understanding that this would be upon his death. I have never filed it with the clerk, and now he has been diagnosed with 6 months or less to live.
My question is: Is this deed still valid if I filed in it 2006 (or hopefully 2007) since it was signed but not filed in 2003?
Also, does it matter so much whether it says "Ralph to Carolyn" as opposed to "Ralph to Carolyn, Joint Tenants with right of survivorship"?
Thanks for your help.

jameshogg · Posted: Sat Sep 16, 2006 11:18 am Post subject:

Hi Carolyn,

It is really sad to hear about your father.

You can find answer to your question about quit claim deed on this page :
http://www.mortgagefit.com/know-how/about4965.html

Thanks
James

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my mother died and owned property with an x boyfriend and no he wants to get a quitclaim deed. His title company said that it can be done. my brother and i are okay with this but is it legal and who signs her portion?

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Hi Bobbi,

After you mother died if her interest had passed on to you two then you can quit claim your interests in the property in his name.

Thanks
Gloeckner

Caron · Posted: Fri Oct 20, 2006 12:36 am Post subject: RE:

Hi Bobbi,

You need to find out what is stated in your mother's Will. If the Will states that after her death her share of property should go to the ex-boyfriend, then it will automatically pass over to him. On the other hand, if you and your brother are supposed to get the property as mentioned in the Will, then you can quit claim her share of property to the ex-boyfriend.

Thanks,

Caron.

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My mother passed and she owned her home, it's paid for , I'm the only living
child. What would be the process to get the deed transfered to my name and therefore sell the property.
Thanks, Annie

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If she had made a will then you will have to get it recorded and that way the home will be transferred in your name. And if a will was not made then as the sole heir you can put a claim for the home.

Samantha

Hi Annie,

Welcome to the forums.

If your mother has prepared a Will, then you need to contact her lawyer and find out to whom she has conveyed the property. But if there is no Will being drafted, then you need to approach the probate court for legal assistance. Just go through a previous thread where our community has discussed on How to get property in absence of Will .

After you get the ownership rights on property, you can sell it to whoever you want.

Hope this will help you.

God bless you

Samantha.

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