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pearsonmichelle · Joined: 29 Oct 2008 Posts: 1 1.32 Dollars($)

My mom is wanting to move to VA from TN. She quitclaimed her property to her boyfriend a few months back. Now, I would like to purchase the home from her for the payoff amount. How do I get his name off of the deed, and what should I do if he refuses to quitclaim the property back to her? HURRY PLEASE!!!!! THANKS

helping_user

Welcome Pearsonmichelle.

To get the boyfriend's name off the deed, he needs to sign on a quitclaim deed and transfer property to you/your mother. However, if he refuses to sign, then your mother can file a Partition Lawsuit and force the sale of the home provided she is also on the deed.

Thanks

Guest

Ok, now........ if we do a partition lawsuit, and the house sells for under appraisal, does he/she, or anyone for that matter, get any money? I am wanting to just get my mother out from under the house, I'm not going to give a penny more than the payoff amount on the house. Just wanted to be sure that he is out of the way before we move further. Mom is a month behind on her payments. Should she just walk away?

jameshogg · Posted: Thu Oct 30, 2008 11:43 pm Post subject:

Hi bobdog!

Once you file a partition law suit, the court will give the order for sale and divide the sale proceeds between the owners of the property. So it will be court's call.

As she had already quitclaimed the property to someone else, she may easily walk away from the house. However, the mortgage, if any, is in her name, then the lender will ask her to pay off the money or else the lender will foreclose the property.

Thanks.

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My mother did a dumb thing?