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Quit Claim Deed: Document transferring property-interest

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sasha

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PostPosted: Sat Jan 20, 2007 7:26 pm    Post subject:

is there a fee to do a quick claim deed?
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Mini Profile  adonis
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PostPosted: Sun Jan 21, 2007 11:20 pm    Post subject:

yes Sasha,

There is a recording fee required when you record the quit claim deed at the County Recorder or the Register of Deeds office.

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Rita Morais

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PostPosted: Mon Jan 22, 2007 2:20 pm    Post subject: Quit claim deed

After I fill out quit claim deed where do I go to have it leaglized?
thank you
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Mini Profile  colin
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PostPosted: Mon Jan 22, 2007 2:29 pm    Post subject:

Hi Rita,

Welcome to Mortgagefit forum.

After you fill up the deed, you need to get it notarized and recorded at the county recorder's office in your region to make it legal.

Colin
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rob

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PostPosted: Mon Jan 22, 2007 5:21 pm    Post subject: quick claim deed

Hi 2 years ago my mother purchased a house for me and my wife. We have been paying the mortgage since the first payment and now i want to have the mortgage in my name. My mother is willing to "give us" the house . How do i go about doing this. Someone told me to do a quit deed and i have spoken to the mortgage company already please help
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Mini Profile  carnahandavid
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PostPosted: Mon Jan 22, 2007 5:45 pm    Post subject:

Hi Rob,

Quit claim deed can be used for transfer of property title in your name. Your mother will have to make out a quit claim deed for this purpose. Your mother will be the grantor and you the grantee, after which it should be properly recorded at the local county recorder's office.

After you have the property title, the mortgage is to be refinanced in your name or if the lender allows then a novation is also possible where the rate and term of the mortgage will remain same as it was previously.

David
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Mini Profile  helping_user
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PostPosted: Tue Jan 23, 2007 3:27 am    Post subject:

Welcome Rob.

Doing a quit claim deed will only add you to the title. In order to add your name to the loan, you can consult the lender and have your mother transfer the loan in your name by novation.

Alternatively, you can refinance the loan in your name. To do this you need to take out a loan against the same property. You pay off the existing loan at closing, and then have the title transferred to you from your mother.

Thanks.
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tammy martinez

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PostPosted: Wed Jan 24, 2007 1:32 am    Post subject: quitclaim

my exhusband gave me our home in our divorce but he did not sign of of myhouse and i want him to sign of now but he refuses toi was told that i need to do a quitclaim now but does he have to still sign off or not i live in nv
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Mini Profile  adonis
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PostPosted: Wed Jan 24, 2007 2:18 am    Post subject:

Welcome Tammy.

You need to make him understand that he needs to sign the deed, otherwise legally you cannot be the owner of the property. And, there can be problems with the title in future. You may take help from an attorney in case he is not willing to proceed.

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Sherry

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PostPosted: Wed Jan 24, 2007 5:33 am    Post subject: Quit Claim Problems in Georgia

My husband passed away 5/24/06. We had a quit claim deed that had "jointly with right of survivorship" then we refinanced and the company prepared another one and only put joint tenants, not with right of survivorship, there was a will and everything left to me. Can I do another quit claim deed transfering all property to me at this point? I live in Georgia
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Steven Johnson

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PostPosted: Wed Jan 24, 2007 11:45 am    Post subject:

I am really very sorry to hear about the demise of your husband.

About the question you have asked, as you were named as the joint tenant, after your husband's demise, the property automatically passed over to you. You do not have to make any new deed for transferring the property to your name.
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Mini Profile  Caron
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PostPosted: Thu Jan 25, 2007 12:41 am    Post subject:

Hi Sherry,

Welcome to our forums.

I can understand that it has been a tough time for you. But one has to cope up with such situations.

Since you husband is no more, the joint tenancy with right of survivorship allows you to take over the property. Thus you are currently the sole owner of the property. So, even if you refinance, the deed should have your name only. Also, the condition of right of survivorship need not be mentioned.

I short, I feel there is no need for you to prepare another deed. The property has been automatically transferred to you through the right of survivorship.

Thanks,

Caron.

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sunnbright

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PostPosted: Thu Jan 25, 2007 6:48 pm    Post subject:

My grandparents both passed within the past year. After my grandfathers death, the estate was left to an aunt, uncle (executor of will), and myself. My grandparents built the home they lived in and owned it outright. I am wanting to buy the home for the appraisal value,sign a quick deed at the attorney's off and be done with it. The catch is my aunt is afraid that I will sue her latersince the house did not go thru probate (me saying that the home was not sold properly, and my grandparent's did not own the home outright. Is there some way to sign away the right to sue them later. or something so we do not have to go thru the courts for probate?
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Mini Profile  Caron
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PostPosted: Thu Jan 25, 2007 9:31 pm    Post subject:

Hi Sunnbright,

Welcome to our forums.

If there is already a Will, the property should be handed over to the person named as the heir in the Will and you can only buy it from him. Your uncle should take care of that as he is the executor. Now, if you are named as the heir in the Will, then it will directly pass on to you but then there will be a probate and that's what you wish to avoid.

Quote:
Is there some way to sign away the right to sue them later. or something so we do not have to go thru the courts for probate?


It will actually depend upon your state of residence as to whether you can avoid probate on a Will. In certain states, if the total equity in the deceased person's home is not more than $50,000 and the real property is not held in joint tenancy with right of survivorship, then title to the property can be conveyed through an Affidavit.

To get the title through Affidavit, the legal heir or the person who is entitled to own property under the Will, needs to file an "Affidavit of Successor to real property" in the court 6 months after the death of the former owner. He should also get a certified copy of the Affidavit recorded in the office of the County recorder.

Thanks,

Caron.

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anonymous person 2

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PostPosted: Sat Jan 27, 2007 7:15 pm    Post subject: Parents divorced both names still on DEED

My mother and Father were divorced 10 years ago and in the divorce decree she was awarded the home. Currently both their names are on the deed. What will need to be done to have his name removed from the deed without him having to sign a quit deed. What would happen if she would die before this change is made. Would the ex-husband be able to reclaim the house.
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