quit claim

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nicole

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PostPosted: Fri Sep 28, 2007 6:31 pm    Post subject: quit claim

hi, my mother wants to leave me her home when she passes away. it isnt paid off but she wants to add me on to the title. is a quit claim deed the right way to go??
 
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Icon Mini Profile larry




Joined: 27 Jun 2007

Posts: 3328



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PostPosted: Fri Sep 28, 2007 8:09 pm    Post subject:

Hi Nicole,

Welcome to the forum.

By using a quitclaim deed, your mother can add you to the title of her property. But even then, the loan will remain in her name and needs to be paid off by her.

Moreover, because of the title change, the mortgage company may ask to refinance the loan.
 
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Icon Mini Profile jenkin7




Joined: 04 Jun 2007

Posts: 2462
Location: Hawaii


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PostPosted: Sat Sep 29, 2007 2:29 am    Post subject:

Hello Nicole,

If Quit claim is obtained having Joint Tenancy with Right of Survivorship, then the property will automatically pass to you after your mother passes away.

You have another option. The Transfer on Death Deed is also applicable in such cases. This will allow your mother to keep her title to the home during her lifetime and to name you as the beneficiary in the deed. The transfer of the property comes to effect only after her death. All you need to do in order to have the property in your name is to file an affidavit with the county recorder and produce the death certificate of your mother after she passes away.
 
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Icon Mini Profile liaoyu03




Joined: 09 Sep 2007

Posts: 213



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PostPosted: Sun Sep 30, 2007 7:14 am    Post subject:

Hi If you mother apply a quit claim deed to you, you can hold this real property of the house, and your name will replace your mother name on the title. If your mother has mortgageted her house for a loan, after your mother passes away, you will beared this loan. If you can't pay off the loan. I think the the mortgage company will execute a foreclosure to you.
 
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