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theotis

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0.10 Dollars($)

PostPosted: Thu Jul 24, 2008 12:51 pm    Post subject: creditors

If my husband signs a Quit Claim over to me. If he gets into some kind of legal issue and was sued, Could they put a lien on my home.

Our home at this time is in both names.

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Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 3328



473.51 Dollars($)

PostPosted: Fri Jul 25, 2008 1:57 am    Post subject:

Hi Guest. Welcome to the forum.

After your husband quitclaims the property to you, you will be the owner of that property. SO the creditor cannot put lien on your property if he owes anything to the creditor. BTW is it a mortgaged property?

Best of luck,
Larry
 
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theotis

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0.10 Dollars($)

PostPosted: Fri Jul 25, 2008 12:09 pm    Post subject:

yes. The loan is in his name only. I am not able to have it refinanced at this time. But I have been making the payments. I just don't want him to go out and borrow money against it , or get out here and do whatever and someone come up owning my home.
 
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Icon Mini Profile cliff
cliff
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Joined: 05 May 2008

Posts: 311
Location: Houston


71.06 Dollars($)

PostPosted: Fri Jul 25, 2008 1:40 pm    Post subject:

Hello theotis,

With a quitclaim deed your husband would not be released from his obligation to any mortgage loan, or other lien secured against said property since the loan is currently in his name. Refinancing is the best means to achieve this. You would have to refinance the property in your name. But you have stated that you cannot refinance into your name at this time. Usually a lender will not allow the quitclaim if you cannot refinance into your name.

Let us know if you have more questions or still need further help.

Good luck.

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www.home-buddies.com
 
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