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Quit Claim Deed-Property in Foreclosure

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swidgeon

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PostPosted: Wed May 14, 2008 2:51 pm    Post subject: Quit Claim Deed-Property in Foreclosure

Can you quit claim a house that is already in foreclosure?
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Icon Mini Profile cliff
cliff
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PostPosted: Wed May 14, 2008 3:35 pm    Post subject:

Do you mean pre-foreclosure or post foreclosure?
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Cliff Pape
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PostPosted: Wed May 14, 2008 4:58 pm    Post subject: Quit Claim Deed-Property in Foreclosure

Unless the loan documents you signed specifically prohibit you from doing so you can...but beware it is not going to relieve you of the debt.
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Lynnette Phillips
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**This is not intended as legal advice. I am not an attorney.**
 
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swidgeon

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PostPosted: Wed May 14, 2008 5:12 pm    Post subject: Quit Claim-Foreclosure

I guess it's pre-foreclosure, we have been notified by the court, but we have a 90 day extension.
 
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PostPosted: Wed May 14, 2008 5:53 pm    Post subject: Quit Claim-Property in Foreclosure

Yes you are in pre-foreclosure - you have entered the foreclosure process. Post foreclosure would indicate that the lender has already foreclosed and taken title.

I want to be sure I am understanding correctly
    You have an offer on the home,
    The transaction has entered escrow and you have a closing date,
    The buyer will not be available to sign the papers at close of escrow


If this is correct, then yes you can still quit claim the property UNLESS the loan papers you signed when you purchased the house contain an agreement that you cannot transfer title of the property (this would be before any sale is completed).

However, I would not advise this action. What if you quit claim the property over to another person and now you no longer have any right to the house and something happens to cause the deal not to be completed? Deals have been known to fall out...

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Lynnette Phillips
Loan Officer/Realtor,
Foreclosure Consultant
Home Pride Mortgage
My Blog: http://helpingufindaway.blogspot.com
My website: http://lynnettephillips.com

**This is not intended as legal advice. I am not an attorney.**
 
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Icon Mini Profile gmakerley
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PostPosted: Thu May 15, 2008 6:05 am    Post subject:

you need to consult a legal expert - an attorney.
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PostPosted: Thu May 15, 2008 7:45 am    Post subject:

Swidgeon, it would help if we understood what you where trying to accomplish. What is the main problem you are trying to fix. For example mortgage payment is increasing, lose of job and can't make payment etc. Just let us know what has happened and we can assist you better.
 
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PostPosted: Thu May 15, 2008 8:08 am    Post subject:

sorry that was me forgot to login
 
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PostPosted: Thu May 15, 2008 8:12 am    Post subject:

Last post was from Cliff.
 
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