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miller_st
Joined: 17 Jan 2007
Posts: 917
168.82 Dollars($)
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 Posted: Wed Aug 29, 2007 12:39 pm Post subject: |
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Sara you should not sign the deed until he is not able to refinance the mortgage in his name. If you sign before that and he is not able to refinance then you will remain on the mortgage and in case of defaults your credit will get affected.
Refinance documents can be signed at the time the quit claim deed is made out. So you can talk with the lender about the refinance and when the deed is made necessary steps can also be completed to transfer the mortgage in his name. It is not that first you will have to quit claim and later he will refinance, both can be done on the same day itself.
Miller |
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0.10 Dollars($)
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| Posted: Thu Aug 30, 2007 12:59 am Post subject: |
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Hi Sara,
I think in this situation, it will be better if you together with your husband go to the bank and talk to them directly. You can ask the bank to allow for the refinance and at the same time sign the quitclaim deed as there is no problem in doing both these things at a time. If you request them, I think they will surely listen to you.
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evolovik26
Community Experts
Joined: 15 Aug 2007
Posts: 474
Location: Minneapolis
18.32 Dollars($)
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| Posted: Sat Sep 01, 2007 7:10 pm Post subject: |
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Sara your husband is misinformed of flat out lying to you. He can refinance in his name only (assuming he is qualified ) The new loan should payoff the mortgage and have the check for whatever owed to you to be cu to you at closing by the title company. You should only sign the quitclaim deed at the closing of the new mortgage for your husband once you have looked at the final HUD and seen the sum of the check that is being cut for you. If you sign before that you are basically giving the husband your righs to the property and after that the only way you getting anything if he wants to give it to you.
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Eugene Volovik
Branch Manager
Team USA Mortgage
612-481-3127
Conventional, FHA and Commercial Lending |
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Confused
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0.10 Dollars($)
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| Posted: Wed Sep 05, 2007 1:38 pm Post subject: Terminally Ill Friend |
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| I am caring for my terminally ill friend. He is wanting to sell his house. I am in fear of his passing before the house sells. Would it be benefical to do a quit claim deed now, prior to his passing putting the house in my name since in his will it is stated that the house will be sold and the proceeds are willed to me. Thus doing the quit claim deed I will not have to worry currently about emptying the premises immediately, while still caring for him in my home and it will not have to go into his estate after his passing. |
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Niicss
Joined: 03 Oct 2005
Posts: 927
137.44 Dollars($)
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| Posted: Wed Sep 05, 2007 1:55 pm Post subject: |
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Hi,
I am sorry to hear about your friend's physical condition.
He can quit claim the house to you but as he is terminally ill, you will have to figure out whether he is considered to be in a mental state where he can take legal decision on his own.
You should contact an attorney and discuss this issue. He will be able to tell you if your friend with his present condition would be considered as mentally stable enough to sign on legal documents.
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Good is the Enemy of Great. |
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afshin
Guest
0.10 Dollars($)
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| Posted: Wed Sep 19, 2007 10:39 pm Post subject: quiteclaim deed |
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| i bough a house before i get married and the house is under my name. i want to sighn a quite claim deed so that if anything happen betwen us i have complete ownership, do u think by sighning quite claim deed from my wife , she can not claim the 1/2 property if a divorce happend? |
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larry
Joined: 27 Jun 2007
Posts: 3058
429.16 Dollars($)
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| Posted: Wed Sep 19, 2007 11:40 pm Post subject: |
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Afshin,
When you have purchased the house in your name, it means that you are the sole owner to the property. Your wife does not have any right on the house. So, when she is not included in the title, there is no point to sign over the quitclaim deed. Even if the divorce occur, your wife will not get any share out of it without your consent. |
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Rae
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0.10 Dollars($)
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| Posted: Sat Sep 22, 2007 6:40 pm Post subject: Quit Claim Issues with Siblings |
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2 months ago my Father passed away (Mother passed 5yrs ago). My sister and I were living in his home at the time of his death but didn't know my Dad given my one brother a quit claim deed to his house. On the day my Father passed away my brother came to the house and said he now owns the house and ordered my sister and I out immediately. This same brother is executor of my Dad's estate. He says he can pay the house payment from the estate...which means the other 4 siblings would be paying it also since we were all named in his Will. However the house was not mentioned in the Will as to what to do with it. The brother that got the quit deed says he got pre-approved for a loan to buy the house. If this is true, what would the procedures be and what rights do the the 4 of us have concerning the house? The attorney handling the estate won't talk to any of us about the will and our rights.
Thank you |
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Caron
Moderator
Joined: 19 Jul 2005
Posts: 1355
Location: florida
225.90 Dollars($)
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| Posted: Mon Sep 24, 2007 2:31 am Post subject: RE: legal action to stop estate being taken away |
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Hi Rae,
Welcome to our forums.
It seems that things are in a mess already as your brother has got the deed in his name and has qualified for a loan also. One thing that I would like to say here is, if the estate excepting the house belongs to the four of you, then your brother cannot take out money from your shares and use it to pay without your permission. So, with this in consideration, you can approach a different lawyer and consult him. I think some legal action should be taken or else you'll lose the home as well as the estate and that shouldn't happen.
Good luck
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Rae
Guest
0.10 Dollars($)
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| Posted: Mon Sep 24, 2007 1:29 pm Post subject: RE:Claim Issues with Siblings |
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I don't know if the 4 of us have an interest in the house as the house specifically was not in the Will. But does say for all property personal and real to be sold and divided amongst us. Also his Will was made out sometime before he quit deeded the house to my brother and gave him POA. This is so confusing..
Thanks again |
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larry
Joined: 27 Jun 2007
Posts: 3058
429.16 Dollars($)
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| Posted: Tue Sep 25, 2007 4:16 am Post subject: |
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Hi Rae,
If all the siblings are named on the will, then you all have equal rights to the property and your brother alone cannot take it. Moreover, you will have to find out if the quitclaim was made earlier than the will or not. In that case, if the will was made after the quitclaim, it will supersede the quitclaim and the deed will not be valid.
BTW, was the deed recorded after signing it? If it is not recorded, it will be considered as an invalid deed. So if you can find out all these things, you can take legal action against your brother. |
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Rae
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0.10 Dollars($)
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| Posted: Tue Sep 25, 2007 7:53 am Post subject: |
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The Will was done before the quit deed and yes it was recorded. But again the Will says to sell and divide all personal and real property. Did you read my first question above also?
Thanks |
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larry
Joined: 27 Jun 2007
Posts: 3058
429.16 Dollars($)
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| Posted: Tue Sep 25, 2007 8:52 pm Post subject: |
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Hi Rae,
As the quitclaim was done after the will and was also recorded, in that case, I think the quitclaim will supersede the will.
It means that your brother is now entitled to the entire property and you may not get any share to it. |
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pat
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0.10 Dollars($)
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| Posted: Thu Sep 27, 2007 3:03 pm Post subject: quit claim deed |
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when my daughter got divorsed, my son purchase the house from her, so she could buy her x husband out.
now she wants to quit claim it back so she cana refinance and get her house back. is is quit claim deed the correct form Thank you |
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adonis
Joined: 22 Oct 2005
Posts: 1254
Location: ALASKA
107.80 Dollars($)
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| Posted: Thu Sep 27, 2007 11:21 pm Post subject: |
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yup, that's the right form to be used.
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