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Guest

I signed a quit claim deed thinking it was something else. My husband was taking out a loan and said this was part of the papers that were needed to be signed. My huband is now selling our home without my signature, and he is proceeding with the real estate agent without me. Is this legal. Thanks, Donna

adonis · Posted: Sat May 20, 2006 4:40 am Post subject: RE

Doona, looks like you have been misguided. Once you have signed the deed that means you have transfer the interest to him. But if you think that your husband has cheated you and you don't want him to sell the property then you are left with 2 options.

One is talk to your husband and try to sort it out and second is to go for legal action. If you can prove that you were forced to sign the deed and your husband misguided you then it might work in your favor.

Thanks

Jessica · Posted: Sat May 20, 2006 7:46 pm Post subject: RE:quit claim and property sale

Hi Donna,

It seems that you have been misled by your husband. He must have transferred your share of interest in the property in his name by asking you to sign the quit claim deed.

But is the property title in his name alone or do you have your in the title as well? If you are a co-owner of the property, then your husband can't sell it without your signature. So don't worry and just look for the ownership papers so that you can produce them before an attorney. He will be the best person to help you proceed legally in this matter.

For more insight into quit claim deed, please click here.

Regards,

Jessica.

Guest

I was married for 15 years, my husband who is now deceased owned the house we lived in. The problem is that his ex-live in mate name is on the deed to the house. They were not married. How can I get the name put in my name only. He did not have a will.

blue · Posted: Fri May 26, 2006 11:14 am Post subject:

Hi Detroit,

I don't think it will be easy to remove her from the deed with out her acceptance. The process would have been simpler if she agreed to quit claim her interests in the property to you.

But under the present situation it is better for you to contact a good attorney and seek his advice.

Best of Luck.

Blue

Guest

My father died last year. There are 6 siblings. My dad owned land and my sister and I have our name along with his on the land. Brothers and sisters want nothing to do with the land. There is no will and no other property, If all siblings sign quick claim deeds to my sister and I will that give us possession of the land? So it can be sold?
Thanks

helping_user · Posted: Tue May 30, 2006 9:01 pm Post subject:

Hi Barb,

You are in the right way. Since there is no will for the property so the property will automatically transferred to the dependent persons i.e. to you and your sisters and brothers.

I think that will be better that if all of you sign a quit claim deed to your sister and in later on she can sell the property. And all of you share the value of property as per of your interest in the property.

But I just suggest you to consult with your local attorney once before taking the step.

Thanks

Guest

i signed a quit claim deed to our property he told me it was only for refinancing purposes and now we are in a divorce and can he use that against me my name was never on the loan in the first place before the quit claim deed, this is a community property state and the judge is going to make him sell and split

Samantha · Posted: Mon Jul 24, 2006 5:30 pm Post subject:

Hi,

Welcome to MortgageFit Forums.

Regarding quit claim deed, did you quit claim the property to him? If it is a joint loan, then the judge would decide who is going to assume the responsibility.

Generally you find that the person who gets the property has to take responsibility for the loan payments. Why do you think that the judge would call for a sale of the house?

The judge can do so to pay off the loan that you have. It's better to analyze the situation with your divorce attorney and he can guide you well in this matter.

God bless you.

For MortgageFit,
Samantha

Guest

i'm apart of a corporation that owns some investment property. We want to refinance the property but everything is held in the corporations name so we're having a hard time refinancing it. We went through a private lender the first time so our rates are really high. We can get a better rate in our name. We do not want to be owners of this property. We want the corporation to have all rights to the property. After we secure a loan should we do a quick claim? How can we get the property back into the corporations name?

Guest

Hi Tim,

The title to the property can be quit claimed by the owners of the property in the name of the corporation.

Thanks
Bryant

Caron

Hi Tim,

In order to get a loan against a property, you should have ownership rights on it. So, you need to ask the corporation to transfer the ownership rights over to you. Then you can secure a loan and transfer the ownership rights back to the corporation. A quit claim or a warranty deed can help you with this transfer. But doing that, you cannot get rid of the liability of paying the loan.

But a quit claim does not guarantee that the grantor has any rights on the property, it just mentions that there has been a transfer of interest by the grantor to the grantee. On the other hand, the warranty deed states that the grantor (who initially had ownership rights on the property) has transferred ownership to the grantee.

If you prefer to know more on Quit Claim Deed, you may visit our section on this topic.

Thanks,

Caron.

Guest

I received a list of properties for Auction by the district attorney of Philadelphia. Each property will be sold AS-IS, conveyed by quitcleim deed and subject to all liens and encumbrace. Also, all real estate taxes and water bills existing prior to sales will be forgiven, except real estate tax leins that have been transferr by the city to anoter entity. Does this sound like risky business? I ask this because the properties are low in high crime areas and less desireable living arrangements.

Guest

Hi Matt,

As you are saying that the properties have all the liens and encumbrances if any still to be paid, then you may not know which ones do not have any liens attached to them.

I do not think it will be proper to go for the purchase without having clear title to the property.

Guest

I too feel going for such a property may create problems in future, as you say that are certain liens on it and also it's located in a high crime area.

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Can quit claim remove name from title?