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rosepetal_45 · Joined: 10 Oct 2007 Posts: 1 1.36 Dollars($)

My mother is quit claiming her property to me and my sister. The house is completely paid off. Does a quit claim go through if there is a mortgage on the property? It's possible that my brother asked my mother to sign a lien against her property, for his own purposes. I don't know if there is a lien on the property or not. How do I find that out? She says she never signed anything with/or for my brother.

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Hi Rose,

The quit claim is possible even with the mortgage on the property. It will just transfer the ownership but not the mortgage.

jenkin7 · Posted: Thu Oct 11, 2007 5:06 am Post subject:

Hello Rose,

Your mother can always quit claim her property to you.
You can verify from the county clerk's office if there is any other lien on the property or not.

jameswells · Posted: Thu Oct 11, 2007 2:04 pm Post subject:

I would recommend using a title company. Have them handle the recording of the Quit Claim Deed, you can also have them research the court records for you to find out if there are any liens against the property (by your brother, or anyone else). A title insurance company provides insurance to ensure that a property ownership transfer is processed correctly- if not you can file a claim against the title insurance policy.

jenkin7 · Posted: Fri Oct 12, 2007 12:33 am Post subject:

Yes James, I think your proposal is better.

Instead of going to the county clerk's office on your own, it is better to give it to the title company. They are better at handling such cases and you may rely on them.

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How do you know if a deed is complete?