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Samantha
Community Mentor
Joined: 16 Sep 2005
Posts: 1455
Location: MASSACHUSETTS
121.48 Dollars($)
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 Posted: Mon Apr 24, 2006 1:01 pm Post subject: |
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Hi Sheri,
Welcome to MortgageFit Forums.
Quit claim is possible in timeshare to get your name removed. But you can't transfer your liability of repaying the mortgage. Quit claim won't transfer the mortgage and you will still be responsible for the payments.
To transfer the mortgage, the mortgage needs to be refinanced in your boyfriend's name. Otherwise, if payments are not made the creditors can be behind you too.
It's best to consult an attorney for the purpose to guide you in a proper way.
God bless you.
For MortgageFit,
Samantha
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tml
Guest
0.10 Dollars($)
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| Posted: Tue Apr 25, 2006 5:54 am Post subject: Deed |
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Can a quit claim deed be vacated and set aside, or voided?
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Mac_7
Guest
0.10 Dollars($)
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| Posted: Tue Apr 25, 2006 7:24 am Post subject: Re |
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It can be cancelled, but again you have to prove it that at the time signing the deed you were not given the proper information or you have been forced to sign the deed.
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Samantha
Community Mentor
Joined: 16 Sep 2005
Posts: 1455
Location: MASSACHUSETTS
121.48 Dollars($)
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| Posted: Tue Apr 25, 2006 10:17 am Post subject: |
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Hi Tml,
Welcome to MortgageFit Forums.
Once a quit claim deed is signed, the transfer is completed and it can't be voided. If you want to get back the property, it is extremely difficult to undo the deed unless the grantee agrees to sign it back to you.
Otherwise, to cancel a deed, you have to prove it invalid like you may have to prove that it was created under threats, or you signed it due to some lies by the grantee.
A lawyer needs to be hired to prove the transfer invalid, which can be expensive and there is no guarantee that you will be successful in it.
God bless you.
For Mortgagefit,
Samantha |
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Puffin
Guest
0.10 Dollars($)
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| Posted: Wed Apr 26, 2006 10:04 am Post subject: |
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My mom had the deed changed after my Dad passed away - She holds "Life-Estate" and her name is listed with mine and my brothers name. She now wants to move in with me and sell her house but, my brother has no idea his name is on the deed. He hasn't worked in 8 years and my parents have been paying his bills since 1999. My mom wants all profits from the house but feels my brother will present a problem. I suggested a "Quit Claim" for me and my brother to sign the deed back to her. Will the profit be split 3-ways or 2-ways as the deed is listed? What if my brother refuses to sign the deed back to my mom? Should my mom try to claim pay-back for all the monies she has paid out for my brothers bills before the house is sold, so she can get more money from his share? Since my mom is 81 will she have to pay Capital gains?
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blue
Joined: 21 Oct 2005
Posts: 1138
Location: MARYLAND
134.99 Dollars($)
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| Posted: Wed Apr 26, 2006 10:22 am Post subject: |
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Hi Puffin,
I think you are correct and it can be quit claimed by you and your brothr back to her so that she can sell it. So far she is having a life estate and you two are on the deed, she can'r sell the property.
You can't avoid your brother at this stage as his name is on the deed, so he is entitled to half of the profit along with you provided there is exchange of money in the transfer.
Now as I told you she will not be able to sell the house with a life estate on it and both of your names on the deed. She can only enjoy the house through out life.
Your mom can try to get back her money spent on the bills but, I doubt if your brother doesn't agree to pay it back nothing can be done.
Puffin, Real estate transfers are extremely critical matter and involves lot of technical issues. So, it's always wise to consult an attorney and seek his advice. He is the best person to guide you in this matter.
Regards,
Blue
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valerie
Guest
0.10 Dollars($)
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| Posted: Wed Apr 26, 2006 1:04 pm Post subject: Quit Claim Deed |
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During times of great duress Quit Claimed property to a family member by verbal agreement - family member refused to discussed the return of property - just recently paid off property and changed ownership into her name.
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jameshogg
Joined: 20 Dec 2005
Posts: 879
Location: nevada
103.71 Dollars($)
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| Posted: Wed Apr 26, 2006 1:15 pm Post subject: |
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Valerie,
Is there any scope of verbal agreement in these matters  I doubt whether anybody can make any claims on a verbal agreement. 
James |
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orange
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0.10 Dollars($)
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| Posted: Thu Apr 27, 2006 12:45 pm Post subject: quit claim |
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I have been married for less than a year and things arent working. If my wife signs a quit claim deed before the divorce than does that mean she doesnt get half the house?
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Samantha
Community Mentor
Joined: 16 Sep 2005
Posts: 1455
Location: MASSACHUSETTS
121.48 Dollars($)
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| Posted: Thu Apr 27, 2006 1:00 pm Post subject: |
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Hi Orange,
Welcome to MortgageFit Forums.
Through a quit claim deed your wife can transfer her interests in the house deed to you and after that she will not have any claim of interest in the house, but at the time of divorce the judge may decide on it whether to give her any share.
I think these are done through settlements in the court at the time of divorce. It's best to take the advice of an attorney in the matter.
God bless you.
For MortgageFit,
Samantha
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jameshogg
Joined: 20 Dec 2005
Posts: 879
Location: nevada
103.71 Dollars($)
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| Posted: Thu Apr 27, 2006 1:35 pm Post subject: |
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Hi Orange,
You have to acquire sole ownership on the house through a quit claim deed for that purpose. Once your wife signs a quit claim deed then after that, she can't claim any mariatl interest on it.
Consult your attorney and take his/her advice on the matter to get a clear explanation.
James |
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gk
Guest
0.10 Dollars($)
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| Posted: Mon May 01, 2006 7:21 am Post subject: |
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I am considering adding my daughter's name to my existing mortgage and title. I want to make sure that when I die, the house will belong to her. Would I do this with a quit claim deed? I do not want any debtors I may owe at the time of my death to be able to put a claim on the house.
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adonis
Joined: 22 Oct 2005
Posts: 1237
Location: ALASKA
105.97 Dollars($)
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| Posted: Mon May 01, 2006 8:33 am Post subject: RE |
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Hi GK
welcome to the forums
yeah with the help of deed you can add your daughter to the title. This can be done with the help of local recorders. For this I think some nominal fee will be charged. But this will not add her onto the loan.
For adding her in the mortgage you need to contact your mortgage lender. They can guide you well on this.
Hope I have been able to guide you.
Good Luck.
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jerry
Moderator
Joined: 17 Oct 2005
Posts: 539
Location: MICHIGAN
49.64 Dollars($)
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| Posted: Mon May 01, 2006 7:15 pm Post subject: RE: |
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Hi,
You can add your daughters name in the title of the property through quit claim deed.
But in order to add her name in the mortgage either you will have to refinance or undergo a process called novation.
Thanks,
Jerry |
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an12
Guest
0.10 Dollars($)
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| Posted: Tue May 02, 2006 3:33 pm Post subject: Will Quick Claim Help |
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| Left the House five years ago, adonment. Has name on deed not loan. How can I get her name off if she will not sign |
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