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sara
Moderator
Joined: 05 Jul 2006
Posts: 1651
Location: New Brunswick, New Jersey
308.83 Dollars($)
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Post subject: RE: |
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Hi Angela,
Welcome to the forums.
Your husband is perhaps not willing to take the responsibility of the mortgage and this is why he insists on removing his name from the loan document. Legally you will be the owner of the property and as per court instructions, your husband should sign on the deed and convey all his interest in property to you.
In general, a quitclaim does not require the person giving up his interest to take his name off the loan. One can quitclaim the property but this does not relieve him from his responsibility of paying off the loan.
You should tell your husband that if he is ignoring the court instructions, he may land into trouble. Still if he is not co-operating with you, then consult an attorney on how to deal with this situation. May be a legal professional can best explain your husband about the consequences of not signing the deed even though the court has already given you the property.
Thanks,
Sara |
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Sarah Stroin
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Post subject: quick claim deed - real estate property |
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| Can I get a form on the internet |
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carnahandavid
Joined: 21 Dec 2006
Posts: 239
58.41 Dollars($)
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Post subject: |
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Hi Sarah,
Quit claim deed forms are available on many sites. You can use this one if you like - http://www.wsba.org/info/x-12c.pdf
But while you fill up the deed form consult an attorney to complete it properly.
David |
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littlesam
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Post subject: |
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| How soon after purchasing property can owner quit deed property over? |
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trmartin
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Post subject: |
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There is no time frame for which you have to wait before you can quit claim it to someone. You can transfer it as early as you like.
Martin |
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julie
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Post subject: mobile home |
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| i have a mobile home in which my son took out a loan for and i have been making all the payments i owe 1 600.00 on the home and i need help with repairs, to get help i need it in my name. can i do a quick claim deed? |
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fitz
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Post subject: |
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He can quit claim the home to you but the existing lender may ask for the mortgage balance to be paid off. Ask the lender if he would allow you to continue making the payments.
Your son will transfer the home to you as the grantor and you will be named grantee in the deed. I would say that you consult an attorney to correctly create the deed and then get it notarized and recorded. |
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Necola
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Post subject: Condo quick claim deed |
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| Can a quick claim deed be executed on a condo? If so, would the necessary prescreening of the new owners be negated? |
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Sedaris
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Post subject: |
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| You should contact the homeowner's association to know if they will allow the new person to own the condo without requirement of a prescreening. If it would be allowed then you can use a quit claim deed for the transfer. |
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Ryan
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Post subject: |
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| Yes Necola, a quitclaim deed can be executed on a condo. |
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adonis
Joined: 22 Oct 2005
Posts: 3777
Location: ALASKA
109.26 Dollars($)
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Post subject: |
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Welcome Necola,
I have heard people signing on a quitclaim deed for the tarnsfer of condominium. But whether a prescreening of the new owners is required will depend upon the condominium association.
_________________
Procrastination is the enemy of your financial sucess |
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Bewildered
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Post subject: Greedy uncle |
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| Recently we found out that our elderly mother had signed a Quiltclaim to her brother ten years ago. Presently, our mother who is very ill wants to will her share of the house and property to her son. The house and property was was willed to three children by their deseased mother which our mother wants to Will her share to us. Do we have any recourse to change the previous Quiltclaim? |
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blue
Joined: 21 Oct 2005
Posts: 1138
Location: MARYLAND
137.81 Dollars($)
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Post subject: |
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Hi,
Welcome to Mortgage discussion board.
Your mother had quit claimed her property to her brother 10 years ago and if the deed was properly notarized and recorded that time then it is a valid property transfer. After the deed gets recorded at the recorder's office the grantee becomes the new owner. However, if the deed was not notarized & recorded that time then the property is still in your mother's name and she can make a will for division of property.
The quit claim deed as such cannot be reversed. The new owner will be required to make a new deed to quit claim it back to the previous owner.
One way that can result in cancellation of the previous deed is when it can be proved that the grantor or your mother signed the deed under pressure or her brother used some unfair means to force her sign the deed. But from the information you have provided it does not seem that any thing of that nature happened.
Do let me know if you have any other questions on this issue.
Thanks
Blue
_________________
Lets help each other. Try my blog |
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Mac_7
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Post subject: |
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| No, once the quit claim has been done and recorded, you cannot change it. |
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Valerie
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Post subject: Establishing legal residence |
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| i own a condo in Florida and my son will be making it his permanent residence come this summer since he will be attending a FL college and would like to permanently live there. i want to add his name to the deed of the condo...there is no mortgage on the property. How do I go about doing this? |
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