Home arrow Mortgage Forums arrow Deeds, Property Transfer and Estate Planning arrow

quit claim for debt settlement

Author Message
cmcdolphin

Guest







Post Posted: Wed Sep 14, 2011 1:15 pm    Post subject: quit claim for debt settlement
Like 0
Dislike 0

I borrowed money from a private party. I couldn't pay it back. We signed a quit claim deed to land that I owed to secure the debt. I have also been paying them interest on the money I borrowed, monthly. I have been doing that because I was hoping to get my home refinanced and pay them back. It isn't happening. Do I have to continue to pay the interest? What, if anything, do I have to do to let them have the land as settlement for the debt? Who is responsible for the property tax?
cmcdolphin

Guest







Post Posted: Wed Sep 14, 2011 1:19 pm    Post subject: quit claim deed for debt settlement
Like 0
Dislike 0

To clarify a typo: It is land that I OWN not OWE Embarassed
_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant
Icon Mini Profile adonis
adonis




Joined: 22 Oct 2005



Posts: 10574
Location: ALASKA
1090.82 Dollars($)
Post Posted: Wed Sep 14, 2011 7:56 pm    Post subject:
Like 0
Dislike 0

Welcome cmcdolphin,

If you cannot pay back the debt, then the private party will be able to foreclose the property in order to recover the debt. However, if the property is in the name of the third party, then they will be responsible for paying the property taxes.

_________________
Procrastination is the enemy of your financial success
Icon Mini Profile sabrinatoss
sabrinatoss
Community Expert
Community Expert



Joined: 16 Jan 2011

Posts: 516
Location: Australia
82.74 Dollars($)
Post Posted: Wed Sep 14, 2011 8:23 pm    Post subject:
Like 0
Dislike 0

The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.
Idea

_________________
Home Loan, Mortgage Insurance Calculator, Mortgage Broker
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Refinance Quotes
Call for Rates
888-485-7561
Speak to a lender now.

We will match calls to our toll free number with our network of lenders.

Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights

Helpful References

Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community

MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards

Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool







We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 0.050 seconds.