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taking a name off of a deed

My mother put my name and my brothers name on a deed for a condo in Fl. My brother does not want to help financially anymore to pay the maintainance etc...there has been ongoing disagreements regarding this property. My mother wants to take his name off of the deed. Is this possible?? Thank you.

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

sean, as an owner, your brother must consent to relinquishing his interest in the property. unfortunately, neither you nor your mother can accomplish this on your own. you'll need a quit claim from him to transfer his interest to you and your mom, if that is the desired result.

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sean,

Welcome to the forum.

George has rightly said that neither you nor your mother can take him out of the deed. If he himself quitclaims back to you then only he will be out of the deed.

Feel free to ask if you have any further questions.

Best of luck,
Larry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and i have seperated and he refuses to help with the mortgage repayments.I have approached the bank about transfur it into my name,But for me to do that i will have to buy him out,Then [url=http://www.mortgagefit.com/refinance.html]refinance[/url].
Even though i am able to pay back the repayments now the bank refuses to lend the money.What am i to do.

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sean,

Welcome back.

If the bank refuses to approve you to refinance then you can shop around for lenders and someone else may help you out.

BTW can you please give some details about your credit history and employment history so that we can suggest you better?

Do you have now ARM or FRM?

How loan have you taken the mortgage and how much do you still owe to the lender?

Please inform us the present interest rate of the mortgage that you are paying.

Is your brother ready to quitclaim to you if you can buy him out? He will only get the share of the equity that you have on the property.

Hope to hear you soon :)

Best of luck,
Larry

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

this is in answer to sharleen.

sharleen, you said "even though i am able to pay back the repayments."

does that mean that you are able to make all the back payments that will now bring the loan up-to-date? it's not clear.

if that is the case, you should make those payments and initiate new discussions with your lender to see if a refinance would be a possibility then.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am interesting in relocating and would like to know how I can go about getting a home in Nevada from someone who would like to quick deed their home to me. Can my name go on the title and deed of the house once it is quick claimed to me?

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Shari,

Your name can be added to the title once the quitclaim deed is executed, signed by notary public and recorded at the County Recorder's office. This is to make sure that it is a valid one. Know more on quitclaim deed prior to executing it.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,
My grandfather and grandmother purchased a home in 1971 and the deed was in both of their names. My grandmother took ill and passed away in 1992. My grandfather passed away in 1997. They had a total of 7 children. One of their children had him sign a quick claim deed for a $1.00. Is there any way the other 6 sibilings have a chance to get some claim on the house as well or is this a lost cause? Will they be able to take their sibiling to court who under handed her father during his last days and took possession of the house. Is there a possibility for a good court case?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

we want to remove my mothers name from the deed to our house. She is in an assisted living facility for dementia. She has enough money to care for her for about ten years. We would like to avoid having to sell the house if she has to go on mecicaid before she passes away. We have a durable general poa and have assumed the management of all her finances. She hjas been declared legally unable to make any executive decisions. Help.
pouse

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Yulonda K,

There's a possibility of the other siblings getting their share of interest if they can prove in court that their father was forced to sign the deed.

Now, [i:fe55848abc]in response to Steve, I'd like to say the following: [/i:fe55848abc]
you can use the durable power of attorney in order to remove your mother's name only if it offers you such rights. By the way, is she fit enough to at least sign on a deed?

may god bless your mom.

Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We purchased a home in Florida (+55 community) and put my mom's name on the deed along with ours. The home was purchased in cash. After careful, but late thinking, I felt we should remove my mom's name God Forbid (knock wood) she had to be placed in a nursing facility in future years. My mom is a permanent resident of New York and will only "visit" Florida. I recently found out the house would then be part of her estate. Would a quick claim be a way to remove my mom from the deed or is there a better way just in case of the 5 year look back on Medicaid. Fortunately mom is healthy, etc. but JUST IN CASE. Any suggestions!!!!!

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Margaret,

Yes, you can remove her name from the deed with her consent with the help of quitclaim. The 5 year look back period of Medicaid will always be there whether you transfer the property by a quitclaim or any other deed form.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I made a bad mistake for adding someone's name to my deed without having the person's name on the loan. The person could not get the loan with me because they had another house in their name. What can I do to get the person's name off of the deed?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Chanda!

You can ask that person to reverse quitclaim the property in your name. In this way, you will be able to remove that person's name from the property.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

What exactly is quitclaim and how do I go about it? I have a lot in Florida that is in my name and my spouse's. We are separating and the lot in Florida is in both our names (paid in full) and we have a house in my name alone, but that is another story in another state. Who do I go to for a quitclaim, an attorney? How much is it? How fast does it take effect? Thank you.

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Elaine,

Quitclaim deed helps in transferring the property from one person to another. If you want to take your name off the property deed, you will have to sign a quitclaim deed in your spouse's name. Sample quitclaim deed forms are available online but you can also take the help of an attorney to draft a quitclaim deed. To know more about quitclaim deed, check out the following link:
http://www.mortgagefit.com/quitclaim-deed.html

If you consult an attorney, you will have to pay the fees of the attorney. Apart from this, you will also have to pay the deedrecording fees as well as the fees for the stamp docs.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have been married for 38 years and I have a house of my own. About 5 years ago, we decided to renew our vows and in doing so, I added my husbands name to my deed. Since then it has been terrible living with him. He does things that I do not like and I cannot understand the changes in him. In the mean time, he does not give me any financial help towards the house or anything else for that matter. How can I get off of my deed because he keeps saying that he is gonna take my house and sell it?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Ceelee,

You should remember that your husband cannot sell off the property without your signatures. If you want to remove him from the property, you will have to ask him to sign a reverse quitclaim deed in your favor.

If he is not ready to sign a quitclaim deed in your favor, then you can try for a partition law suit wherein the court will sell off the property and accordingly divide the money.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My fiance put my name on the deed when he bought a new house, but not the loan. I have to file bankruptcy and needed to know if I have to file a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] so the creditors don't file a lein against the house, or are they not able to do that anyway. (we are in Ohio)

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi micki!

Welcome to forums!

As you will be [url=http://www.mortgagefit.com/know-how/filebankruptcy.html]filing bankruptcy[/url], if you try to quitclaim the property to your fiance now, it can be considered as a fraudulent transfer and there are chances that the creditors may penalize you for this. In my opinion, before quitclaiming the property to your fiance, you should consult your bankruptcy attorney.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a friend in New York that has her ex-husband still on the deed to her house. He has agreed to sign it over to her but every one (banks) keep telling her her only option is to re-fi. I told her to look into quit claims. I don't know enough about them to advise her.Please help

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

he is not on the mortgage. If I [url=http://www.mortgagefit.com/refinance.html]refinance[/url] does that mean I willl get him off the warranty deed or must I file quit claim deed?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Linda,

Refinancing will not take him off the deed. During or prior to refinancing you need to get a quitclaim deed or a warranty deed signed by him whereby he will release his claim in the property. You need to do this so you can refinance in your name.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i put my girlfriend on my house after it was paid off since then she has moved out and i have a restraining order against her. She pays none of the taxes . how can i get her name off? the deed states joint tenanets with full rights of suvivorship.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome GPH,

You cannot remove your name from the deed. She needs to file a quitclaim deed and transfer the property in your name.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

I'm afraid you might not be able to remove her name from the title, unless she signs a deed to give up her share in the property. The other option you have is to file a partition lawsuit in court, sell off the property with court's intervention and divide the proceed among both of you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I are 1/4 owners of a cabin with our 2 adult children and my brother. We want to take our names off the deed. We, my husband and I, will be [url=http://www.mortgagefit.com/know-how/filebankruptcy.html]filing bankruptcy[/url] in the near future - our children have been helping us with financial assistance for the past 3 years with the verbal understanding that we would assign our portion of the cabin to them. How do my husband and I get our names off the deed? Since our agreement with our children was verbal, does the bankruptcy trustee have any right to this property?

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Rene,

Your query has been answered in the given link:
http://www.mortgagefit.com/problems/quitclaimproperty-filebankruptcy.htm...

Please take a look. I hope it will help you.

Take Care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Mom put one brother on property, he quitclaimed three sisters, now mom is deceased and brother died. Is brother's wife and children part ownership in house or do the sister now own the hous?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi nell,

As the brother had already quitclaimed the property to the sisters, then the brother's wife and children cannot claim the property anymore. The sisters are the owner of the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex husband purchased a home under his name, my name is not on the mortgage. However, recently I have found that I am on the deed. I would like to be removed in fear of him defaulting on his payments, they may come after me. Is that correct? Could they come after me for payments although I am not on the mortgage loan.... just the deed? I am so confused on this.. Thanks!

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your query has been answered in the given link:
http://www.mortgagefit.com/propertytransfer/about22722.html#99336

Take a look at it. I hope it'll help you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can a surviving spouse remove deceased spouse's name from deed by using quitclaim deed in New York?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

A deceased spouse's name cannot be removed by the living spouse with a quitclaim deed. The living spouse will have to file the death certificate of the deceased spouse and an affidavit of heirship in the county recorder's office to remove the deceased person's name from the property deed.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a quit claim signed and notarized by my exhusband. The mortgage was only in his name. I never refinanced but continued to pay all mortgage payments although to the lender it looked like he was paying them. My arm is about to readjust but I am paying of the balance of the mortgage before that happens. Will a title be arriving in his name and how do I go about having that put in my name instead?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

when the loan is paid in full, you'll receive a release of the mortgage which is to be recorded in the land records. you said you have a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] - was this ever recorded? if not, you need to do so, and whether you do that before or after the release matters not. the bottom line is that you are or will be the owner of record of the property, and there will be no mortgage on the property.

i read you right, didn't i? you're paying off the mortgage, right?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If i signed my house over to my finance and he is the owner, but we failed to do a quick deed claim, and the deed is still in my name. Does that mean the house is still mine and i have a right to it??? Or can he just sell the house and i have no claim at all

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

tamika, if you didn't "do a 'quick' deed" how is it that you signed over your house to your fiance?

consult an attorney.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex husband and I purchased a house in 2000. We were seperated in 2004, finally divorced in 2009. He stayed in the home and we had a simple divorce he did not give me anything and now he wants me to sign a quitclaim for him to sell it. If I sign the Quit Claim will I give up any proceeds from the sale and if I don't sign it does he legally have to divide any profits from the sale of the house? Confused

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

raye, did you have a lawyer to represent you in the divorce? if so, did you not have any discussions about the property?

here you go: if you quit claim your interest to your former husband and he sells the home, he keeps any proceeds from the sale. if the two of you sell it (because you don't sign a quit claim and you both continue to own it), then you would split any proceeds of the sale, presumably 50-50. yes, you'd be giving up some rights if you listen to him.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

yes...this was me...signed off and neglected to sign back on...

raye, did you have a lawyer to represent you in the divorce? if so, did you not have any discussions about the property?

here you go: if you quit claim your interest to your former husband and he sells the home, he keeps any proceeds from the sale. if the two of you sell it (because you don't sign a quit claim and you both continue to own it), then you would split any proceeds of the sale, presumably 50-50. yes, you'd be giving up some rights if you listen to him

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex-boyfriend and i purchased a home together, both names are on the deed. We have split up & he is now incarcerated. He made minimal payments towards the house when he lived here & i now make 100% of the payments. He is refusing to sign a quit claim deed. I am looking at moving out of state & need to sell the house.....is there anything I can do??

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Tamara,

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/propertytransfer/about38680.html

Take a look at it. Hope it helps you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i purchased i house on my brother name because have some judgments with cash no loan. He received a foreclosure letter from different property that he has. What i should do with my house if my brother will foreclosure on his property. i was thinking to open an LLC and to transfer the deed. Please advise,
Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am soon to marry a man who kept his home during the divorce from his previous wife. Instead of buying her out they put a $100,000 lein on the home which has to be paid in 2017. When he and I marry I will be paying for half of all bills including home loan. Should my name be added to the house so I am intitled to some ownership in the future,and is this even possible with a lein.If my name is added and he should default on on the lein agreement how does this effect me?

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/addname-lien.html

Take a look at it. Hope it helps you.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How do you get minor(s) off title on real property?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Margo,

[url=http://www.mortgagefit.com/quitclaim-deed.html]Quit claim deed[/url] is one of the ways to remove a person from the property deed. But, in this case, I would suggest you to take the opinion of an attorney before you take any steps to remove minors from the deed.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my grandmother has her daughter on the deed for about 7 years now. she wants to take her daughter off the deed and put me and my husband on the deed. but her daughter does not want to sign her name off, what can we do.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi barbara,

Unless the daughter signs a quit claim deed and transfers the property to your grandmother, you won't be able to remove her from the property deed. There's hardly anything that can be done in this matter.

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