What rights do you have as a grantee in a quit claim deed?

Rhew68 · Joined: 30 Dec 2006 Posts: 1 1.44 Dollars($)

My father recently died. Before he died, he signed a quit claim deed naming my mother as the grantee. There is still a mortgage on the house. What if any, rights of ownership does my mother have as related to the house?

Guest 0.10 Dollars($)

Your mother is the owner of the house and she should pay off the loan as our father is no more. And, to keep the ownership rights, the loan has to be repaid in time.

jameshogg

Hi Rhew,

Welcome to the forums.

It's sad to hear about your father's death. May his soul rest in peace.

Coming to your query, you mother is the legal owner of the property. She can make improvements on the property or sell it. But first of all, she should clear the debt that exists against the home. Then only she can have clear title to the property.

In case you haven't, just check if the deed is recorded at the County Recorder's Office. Otherwise, it will not be valid and your mother will not be considered as the legal owner.

Thanks,
James

mcole · Posted: Sun Dec 31, 2006 3:06 pm Post subject:

It depends on where you're located, as to whether or not the deed has to be recorded to be valid. For instance, in CA it does NOT have to be recorded to be valid. So, you may want to check with you're county to be sure.

Cool

0.10 Dollars($)

Do I have to pay property taxes onquit ckaim property

jenkin7 · Joined: 04 Jun 2007 Posts: 939 140.77 Dollars($)

Hello Guest,

If the ownership rights are transferred to you with the help of a quit claim then you shall remain responsible to pay the property tax.

There is usually a tax reassessment if there is any change in ownership of the property and in that case the tax might increase.

evolovik26 · Posted: Tue Jan 08, 2008 7:42 am Post subject:

If the deed is recorded with the county property is in and there no other people on the title of the property your mother is a sole owner of the property.
She should contact the lender on the property if there is one and inform them of your father's death. If there is a loan against the house she will then have the option to sell or to refinance the property. She is not responcible for the mortgage but it needs to be satisfied before she can either live or sell the property for profit.

gmakerley · Posted: Tue Jan 08, 2008 10:13 am Post subject:

the grantee of a quit claim deed is the recipient of any ownership rights the grantor had. so, if your dad was 100% owner of the property, his quit claim deed to your mom now makes her 100% owner of the property. she would need to continue to pay all mortgages, taxes and assessments related to the property in order to protect her interest.

lisascherzer · Joined: 04 Jan 2008 Posts: 599 69.58 Dollars($)

Have her keep making the payments on time until she refinances. She should look into doing it now since rates are low. With good credit, she can get a 5.50% rate on a 30 year fixed rate mortgage.

Guest 0.10 Dollars($)

i have a quit claim deed on my property threw my divorce,I desperatly want ex husband of the mortgage he is in prison i have been paying the morgage on my own for close to 2 years now.I dont want to refinance as my present interset is only 5 and quarter percent,will his name be automatically taken of the Title when quit claim recorded or do i have to notify the Title company to have his name taken of,i really would appreciate your hewlp

lisascherzer · Joined: 04 Jan 2008 Posts: 599 69.58 Dollars($)

Sorry to hear of the circumstances but I hope I can help direct the proper course of action. First she will want to continue making the mortgage payments so that there are no late payments or cause for default. Next, if the quit claim deed has not been recorded, I would do that soon. Then your mother should refinance the mortgage into her name. And that should do it.

Rates are looking pretty good right now so she should be able to get good terms and a low payment. If the mortgage rate was more than 6% than I'm sure the new refinance will bring a better rate and lower payment.

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