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Chris !!!!!!!

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PostPosted: Tue Apr 15, 2008 11:16 am    Post subject: quitclaimdeed

My mother recently had a stroke and has many doctor bills that she cant afford if i sign (her son) a quit claim deed and take her name off the the title of the house will tha prevent a lein on the house????
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PostPosted: Tue Apr 15, 2008 11:04 pm    Post subject: RE: can quitclaim prevent lien on home?

Welcome Chris.

I' sorry to hear about your mother's illness but i hope she'll get over with time. Now, as i understand from your post, is there a mortgage on the property and being unable to satisfy debt, does your mother want to quitclaim property to you in fear of a lien being placed? well, a quitclaim to you won't stop the lender from placing a lien.

However, if you get the property through quitclaim and pay on her behalf then the property can be retained as well as there'll be no lien on it. But prior to signng a quitclaim, you need to check out the terms in the loan contract - whether the contract permits your mother to transfer ownership rights or will the lender call the loan due entirely upon such a transfer.

Thanks.
 
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PostPosted: Wed Apr 16, 2008 6:44 am    Post subject:

Transferring an asset to avoid debt collection may be considered a fraudulent transfer and can be voided.

How about selling/refinancing the house to pay the debts?
 
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