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Can you quick claim deed a property if you still owe the ban

Posted on: 04th Apr, 2007 09:54 am
Can you quick claim deed a property if you still owe the bank on it?
Hi Sammy,

You can quit claim property but bank should be informed and chances are that the loan will need to be refinanced by new owner.
Posted on: 04th Apr, 2007 10:50 am
with a quit claim deed property title ownership changes from what was recorded at the time mortgage was taken by the current owner.

it depends upon whether your mortgage has a assumption clause or not, if it exists then mortgage responsibility can be assumed by the new owner. another option is known as novation in which mortgage can be transferred with the terms of mortgage remaining the same.

if both of these options are not applicable to you then lastly the mortgage will have to be refinanced in the name of the person getting title or be paid off.

miller
Posted on: 04th Apr, 2007 12:13 pm
Sammy,

You can quit claim but the mortgage will remain in your name and you will have to continue making the payments.

Quit claiming will only transfer property rights; it will not have any affect on the mortgage you had taken.

If you stop making the payments then lender will foreclose, and sell the property to recover his balance and as you had taken the mortgage your credit score will drop by quite a bit.

To have your name removed from the mortgage it needs to be refinanced in the name of the person who is now owner of this property.
Posted on: 04th Apr, 2007 03:00 pm
Sammy,

You can still quit claim the property but you need to contact the bank and inform it about the transfer.

If the bank allows for it, you will have to carry on with the loan payments.
Posted on: 05th Apr, 2007 05:22 am
"Can you quick claim deed a property if you still owe the bank on it?"
If you do not inform the bank that you want to quit claim property to someone and later on they somehow become aware that title ownership has changed then they will certainly call the loan due.

So it is better to inform the bank and see what they have to say.

Luc
Posted on: 11th Apr, 2007 03:43 pm
i have a first and second mortgage on my house but the bank will not let me combine by refinancing. if i quitclaim the deed to a family member will that force the bank to refinance and will the bank do both loans?
Posted on: 31st Oct, 2011 08:20 pm
Hi ABT!

Welcome to forums!

If your current lender is not allowing you to refinance both of them together, then you should contact other local lenders for refinancing. It is not mandatory for you to transfer the property to someone else in order to refinance the loan. BTW, did the lender gave you any reason as to why they won't let you combine both the mortgages?

Feel free to ask if you've further queries.

Sussane
Posted on: 31st Oct, 2011 09:40 pm
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