Home arrow Mortgage Forums arrow Deeds, Property Transfer and Estate Planning arrow

is quick claim possible?

Author Message
cupcakediva

Guest







Post Posted: Thu Aug 04, 2011 12:44 am    Post subject: is quick claim possible?
Like 0
Dislike 0

My husband ownes property in two deeds.. Land with home and just land. He has a mortgage in his name only on the deed with the house from the bank, and he ownes it in a "life estate" I was under the impression a bank would NOT give you a note on a life estate. Now after leaving the property and that state his brother (a remainderman that would receive it also in a life estate) want my husband to sign a quick claim deed.
The mortgage would still need to be satisfied first and also would the deed be able to include "proceeds" that he would acquire if he were to RENT the property?
When we lived in the home his family wanted nothing to do with helping us ready the property for rental (it needed tons of work) , now that we have left they want to try and "take it over". We don't feel they should be handed it without pay off of the loan and proceeds of money he would make on the property. Also would the quitclaim allow his brother NOW to be able to SELL it? we had discussed how we could have done that earlier, but they wanted nothing to do with talking about it. I personally think they are just trying to take advantage of our financial situation..and want to make sure hubby doesn't get screwed on this one!
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10460
Location: Nevada
987.57 Dollars($)
Post Posted: Thu Aug 04, 2011 8:14 pm    Post subject:
Like 0
Dislike 0

Hi cupcakediva,

If your husband signs a quitclaim deed and transfers the property to his brother, then he will be considered as the owner of the property and he will be able to sell it off. As the mortgage is in your husband's name, he can ask his brother to refinance the mortgage in his name and release your husband from the liability of mortgage payments.

Thanks
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Refinance Quotes
Call for Rates
888-485-7561
Speak to a lender now.

We will match calls to our toll free number with our network of lenders.

Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights

Helpful References

Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community

MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards

Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool







We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 0.036 seconds.