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jameshogg
Joined: 20 Dec 2005
Posts: 4189
Location: nevada
492.91 Dollars($)
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Post subject: |
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Hi Plugo,
Welcome to forums.
I think you should contact an attorney. In fact, you should have done it earlier when you had to sign under duress. He could have helped you right then and may be you might not have to sign under force. You should tell him that the deed was notarized without your signature being there.
Thanks,
James. |
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Darcyk
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0.10 Dollars($)
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Post subject: divorce and quit claim |
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| I'm in the process of divorce and my husband is keeping the house. Can we file a quitclaim deed to remove my name and does this remove me of any financial responsibility for the mortgage. At this time he may not be able to get a new mortgage. I live in Indiana. |
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colin
Moderator
Joined: 30 Jun 2006
Posts: 602
Location: Waltham, Massachusetts
112.65 Dollars($)
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Hi Darcyk,
You can use a quit claim deed to remove your name from the title of the property but that will not have any affect on your financial obligation towards the mortgage.
Before you quit claim inform the lender & make sure the mortgage is also transferred by way of refinance in his name. Other wise it may happen that you do not have any rights over the property but still obligated to make payments towards the mortgage. And if in case your husband stops making payments your credit score will be affected.
Colin |
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PENNY
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0.10 Dollars($)
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Post subject: CONFUSING PARENTS |
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SEVERAL YEARS AGO MY ELDERLY FATHER HAD A HEARTATTACK AND AT THAT TIME I PAID AN ATTORNEY TO HAVE THEIR PROPERTY QUIT CLAIMED TO MY SISTER, BROTHER AND I, JUST IN CASE ANYTHING HAPPENED TO HIM. BOTH OF MY PARENTS ARE ELDERLY AND MY FATHER IS GETTING EARLY ALZHEIMERS. MY HUSBAND AND I ARE CURRENTLY LIVING ON THE PROPERTY WITH MY PARENTS, THEY HAVE 10 ACRES. WE PAY THEM EVERY MONTH FOR LIVING THERE. BECAUSE OF A DISAGREEMENT BETWEEN MY FATHER AND ME, HE INSISTS THAT I NEED TO MOVE NOW. I DONT FEEL I SHOULD HAVE TO SINCE I HAVE QUIT CLAIMED THIS PROPERTY AND I HAVE BEEN PAYING ALSO FOR THE LAST
11 YEARS ON THIS PROPERTY. WHAT DO YOU THINK? |
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blue
Joined: 21 Oct 2005
Posts: 1138
Location: MARYLAND
137.81 Dollars($)
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Hi Penny,
Sorry to hear about your father's condition.
If the deed was properly recorded at that time then property now is in name of your three. Your father can not ask you to leave now as you have legal ownership over the property along with your brother and sister.
As your father is sick, you should try to explain things gradually and may be just because of that disagreement he said something like that. I am sure this is just a temporary phase that will not stay for long.
Do let me know if any further problems arise.
Thanks
Blue
_________________
Lets help each other. Try my blog |
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adonis
Joined: 22 Oct 2005
Posts: 3777
Location: ALASKA
109.26 Dollars($)
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Yeah Darcyk, you can remove your name by signing a quit claim deed. But it will not relieve you from the responsibility of paying off the home loan.
_________________
Procrastination is the enemy of your financial sucess |
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Caron
Moderator
Joined: 19 Jul 2005
Posts: 1562
Location: florida
266.54 Dollars($)
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Hi Penny,
Welcome to our forums.
What you understand is quite true – I mean you don't need to go out of the house if it's just a standard quit claim deed. You father is currently unwell and may be he is not in a mental position o understand what you are trying to tell him. This is a possibility since he is going through Alzheimer's.
Even my grandmother suffered from the same disease and I can tell you that it takes one through a tough phase – both the patient as well as the family members. Anyway, just to make things simple, sit with him and try to explain properly and resolve the issue.
Your parents may need you at this hour, so if possible try to adjust with what your father says; may be he is in no way understanding that after a legal transfer of the property, he cannot force you to move out.
Thanks,
Caron.
_________________
Mortgage Shopping made easy with booklet |
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latenite
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0.10 Dollars($)
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Post subject: property deed |
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| ex-wife living in housing that judge gave her. My name still on deed. how can have it take off. |
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adonis
Joined: 22 Oct 2005
Posts: 3777
Location: ALASKA
109.26 Dollars($)
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Post subject: |
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Welcome Latenite,
You need to draft a quit claim deed and transfer all your interest in the property to your ex-wife in writing. Then file the deed at the office of Register of Deeds. But do not forget to get it signed by a notary public before you proceed to record it.
_________________
Procrastination is the enemy of your financial sucess |
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Debi
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Post subject: Quit Claim Deed |
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| My father passed away in 2006, he had a will that i filed in probate, two things, first i'm the executrix of the will and also he left me the condo, which i lived in with him, until he passed away at 81. there was a mortagage on the condo, in his name, and the deed is in his name and my mother, who passed away 6 years. i know i own the condo, because he left it to me. but i'm trying to now get a mortagage in my name, which i have been approved for, but broker came back to me and said that i need to have a deed prepared. and being that i'm the executrix and the borrow, how do i go about rewriting the deed? |
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colin
Moderator
Joined: 30 Jun 2006
Posts: 602
Location: Waltham, Massachusetts
112.65 Dollars($)
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lea
Guest
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Post subject: quit claim deed |
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| My father left my 2 brothers property with a quit claim deed with rights of survivorship. I want to buy out 1 brother who wants to sell. Do I need the other brother's permission? Does he need to agree? This is in Michigan. |
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hefli
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Post subject: |
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Hi Lea,
The other brother who wants to sell his share of interest in the property to you can do so if he wishes. He will not have to take permission from other owner of the property. Each have rights to sell or gift their share of ownership to any other person and does not need to get permission. |
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jameshogg
Joined: 20 Dec 2005
Posts: 4189
Location: nevada
492.91 Dollars($)
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Post subject: RE: |
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Hi Lea,
Welcome to forums.
I don't think you need to take the other brother's permission if you wish to buy out one brother's interest in the property. Both the brothers have separate ownership interest in the property, hence you need not take permission to buy the property.
Thanks,
James. |
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Angela
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Post subject: |
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| Recently, my husband and I got a divorce, and the house was given to me by the court. My husband will not sign a quit claim deed until I have his name removed from the mortgage. Is this how it's done? |
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