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Already off the loan.....

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Icon Mini Profile cfulton





Joined: 05 Sep 2007

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Post Posted: Wed Sep 05, 2007 9:40 am    Post subject: Already off the loan.....
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I owned a house with my GF. Last year we refinanced and she did it all in her name because my credit was poor. I am not on the mortgage. Now we are splitting up and we want to do a quit claim to give her the house so that we can go our own ways. I have the quit claim done by a real estate attorney, but i have a question - Once i do the quit claim can she come back and say i owe her money (i dont owe her money) or say that i am still responsible for anything to with the house or mortgage? I am not on mortgage and have confirmed that with the lender. My name is on the deed though. My parents are concerned that she will come back in a year from now and say i "owe her this or owe her that" because that is the type of person she is. Also - the quit claim the lawyer drew up has only me signing it - which he said is normal because i am transferring all my interest to her. Is this normal?[/left]
Icon Mini Profile miller_st
miller_st




Joined: 17 Jan 2007

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Post Posted: Wed Sep 05, 2007 12:17 pm    Post subject:
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Hi Cfulton,

After you transfer the house in her name she cannot ask for anything afterwards. If you do not actually owe her anything legally then she cannot claim such a thing.

Regarding the signatures, in many states it is sufficient that only the grantor signs the deed, so it will not cause any problems if as per state laws only the grantor is required to sign on the deed.

Miller
cameron

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Post Posted: Wed Sep 05, 2007 12:28 pm    Post subject:
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thanks Miller - thats what I thought.

Take care,
Cameron
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

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Post Posted: Wed Sep 05, 2007 6:57 pm    Post subject:
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As you are not on the mortgage, you will not have any mortgage payment responsibility.

Regarding her claiming any other financial benefits, you should get her written confirmation mentioning that she has received whatever financial claims she had.

If in future she says that you owe her any money then you will be able to provide legal proof against it.

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Icon Mini Profile larry





Joined: 27 Jun 2007

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Post Posted: Wed Sep 05, 2007 8:41 pm    Post subject:
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Hi Cfulton,

You should not worry about any payments as you are not on the loan. She has no right to claim anything from you. After signing the quitclaim deed, you will have no responsibility towards the house.

In the deed, your signature is most important as you are the grantor. With the deed, you will be giving up your property rights to her, the grantee. So only your signing the deed will not cause any problem.
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