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We signed a quit claim deed, but ex-husband is now deceased

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Icon Mini Profile lenised25





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Post Posted: Tue Jul 05, 2011 8:43 am    Post subject: We signed a quit claim deed, but ex-husband is now deceased
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My ex-husband and I signed a quit claim deed when we divorced, but he recently passed away and his widow is residing in the house. How will this deed help us in proceeding with selling this house? I am still on the loan, does this now fall back on me?

Thank you,
Angela
Icon Mini Profile jameshogg
jameshogg




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Post Posted: Tue Jul 05, 2011 10:25 pm    Post subject:
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Hi lenised,

If your name is not mentioned on the property deed, then you won't be able to sell off the property though your name is mentioned on the mortgage. You can ask the widow to refinance the mortgage in her name. This will release you from the mortgage liability.

Thanks
lenised

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Post Posted: Wed Jul 06, 2011 5:07 am    Post subject: We signed a quit claim deed, but ex-husband is now deceased
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I just found out he also filed bankruptcy and this file was in his bankrupcty case. How will that effect the house/mortgage? If the widow isn't on the deed either, how will she or can she refinance the house?
Icon Mini Profile raymond
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Post Posted: Wed Jul 06, 2011 2:46 pm    Post subject:
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Did the Quit Claim deed remove you from Title? Or him? If it was you, and you're still on the Note, I'd contact the company that's servicing the loan and let them know. There's a clause in your Note that says the Title isn't allowed to be revised without the Lenders permission, and if it is, the Lender can call the loan due and payable immediately.
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