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hometracker1 · Joined: 20 Oct 2010 Posts: 1 1.41 Dollars($)

The mortgage is in my name (daughter) and the deed is in the parents name. One parent in in SC and the other parent can not be found. Since the home is in Florida how can I get them to quit claim deed the home to me since I have the mortgage. They have not paid the payments in a year and the home is in Lis Pendens and I want to short sale. In order for me to do that I need the home's deed to be with the mortgage. My mother will sign the quit claim deed but my father is no where to be found. Can my mother sign in South Carolina? And does my dad have to be found and what if he can not be found? I need to get this home to be able to be sold because I have a buyer and the bank might short sale. I live in Texas now. We can not get back to Florida so how can we sign it under the florida laws and get the home sold. Our Agent said we will not be able to close without the ownership being the same as the mortgage.

adonis · Posted: Thu Oct 21, 2010 10:37 pm Post subject:

Hi hometracker,

Your mother can sign a quitclaim deed and transfer her share of the property to you. However, your father will have to sign over his share of the property to you or else, you won't be able to sell off the property. If the property is located in Florida, then the deed must be recorded there. As you cannot trace your father, it would be better if you could take the opinion of an attorney in this regard.

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How do you quit claim deed when party can not be found and other parties are out of state

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