Posted on: 11th May, 2006 08:36 am
I owned a house with property with another person. We since split and I signed a quick claim deed. If I still have property in the house such as a refrigerator, stove, etc. Am I entitled to get them? Or does she have all rights to the stuff in the house?
Hi Rodney,
I don't think there is any other way than approaching the respective lending institutions and getting all your accounts separated.
It's better to stop your credit getting ruined further first then you can think of rebuilding it. Otherwise all your efforts may again go in vain.
Blue
I don't think there is any other way than approaching the respective lending institutions and getting all your accounts separated.
It's better to stop your credit getting ruined further first then you can think of rebuilding it. Otherwise all your efforts may again go in vain.
Blue
my husband had filed bankruptcy ayear ago,he has moved to florida and i have stayed in michigan for now,until he gets setteled as i havea home here. i purchased a mobile home in fl.,and financed through the seller.i put my husbands name on the note to help rebuild his credit. the sellers decieded to sell the note and found out that since my husband filed chapter 13 his bankruptcy is not closed.we did not know that he is not suppossed to buy any property without the courts permission.they now want us to file a quick claim deed to remove his name. they want us to use their lawyer and pay all costs that this encures. can i file this on my own? i see staples has a legal packet that you can purchase ,have notorized and filed, would you suggest this? their lawyer wants to charge us 800.00 dollars. i feel they are trying to bully us into paying for this as it allows them to sell the note and does nothing for us.they threaten to foreclose us on this property on grounds of us not telling them that the bankruptcy was infact not closed. we did not understand that 13 means it is still open until paid off.shouldn/t that have been something they looked into? how can it come back on us? she is also a paralegal and is always trying to pull something.
Hi Kim,
Welcome to MortgageFit Forums.
It's unfortunate that you are facing such trouble. I feel sorry for you. There are some lenders who want to harass consumers like anything.
Believe me, these lenders won't be able to continue with their business long. Once the faith is lost, you get lost in the industry.
"we did not know that he is not suppossed to buy any property without the courts permission.they now want us to file a quick claim deed to remove his name. they want us to use their lawyer and pay all costs that this encures. can i file this on my own? "
Yes, you can go for the quit claim deed on your own. If you are honest and did the mistake without properly knowing the terms, you will get out of trouble.
I shall advise you to get in touch with a good real estate attorney immediately and tell him the whole deal. I am certain he will pull you out of this trouble and will also help you with the deed.
But one thing you must be aware that real estate transfers are critical matters and that should be done under an attorney's guidance only. This will help you to avoid any disputes later.
When you get out of this trouble, check with some other good lender to refinance the loan. Since, you already know that this lender is posing problems, so it's better to end the deal with them as there is possibility that they might create again more problems in future.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
It's unfortunate that you are facing such trouble. I feel sorry for you. There are some lenders who want to harass consumers like anything.
Believe me, these lenders won't be able to continue with their business long. Once the faith is lost, you get lost in the industry.
"we did not know that he is not suppossed to buy any property without the courts permission.they now want us to file a quick claim deed to remove his name. they want us to use their lawyer and pay all costs that this encures. can i file this on my own? "
Yes, you can go for the quit claim deed on your own. If you are honest and did the mistake without properly knowing the terms, you will get out of trouble.
I shall advise you to get in touch with a good real estate attorney immediately and tell him the whole deal. I am certain he will pull you out of this trouble and will also help you with the deed.
But one thing you must be aware that real estate transfers are critical matters and that should be done under an attorney's guidance only. This will help you to avoid any disputes later.
When you get out of this trouble, check with some other good lender to refinance the loan. Since, you already know that this lender is posing problems, so it's better to end the deal with them as there is possibility that they might create again more problems in future.
God bless you.
For MortgageFit,
Samantha
my husband sign a divorce decree that states he will pay for the mortgage and after a year will quick claim the deed to me. The divorce decree states that the house is to go to me. right after he signed the decree and the divorce was final he disapeared and never contacted me again to sign the quick claim. now i am stuck with a house that is in my name on the deed , but his name on the deed and mortgage. What can I do to claim all of my house from him, without him being present?
Hi Miko.
Welcome to MortgageFit Forums.
I can understand the difficulty in your situation. But don't feel yourself isolated. This problem is found with many divorcing couples.
You can get the house in your name through court order. I shall advise you to contact your divorce lawyer as he is well aware of your case.
He will take the case back to court and you can claim your rights over there. Don't worry, things will be sorted out in your favor.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
I can understand the difficulty in your situation. But don't feel yourself isolated. This problem is found with many divorcing couples.
You can get the house in your name through court order. I shall advise you to contact your divorce lawyer as he is well aware of your case.
He will take the case back to court and you can claim your rights over there. Don't worry, things will be sorted out in your favor.
God bless you.
For MortgageFit,
Samantha
thanks so much
recently my mom died all that is left in her estate is the house, which should be devivde between three children. two of the children don't want the house, I am paying the mortgage. the house is still in mom name we should I do. thanks for your help. dede
Hi,
You can talk to the others and have the property transferred in your name through a title deed. This will give you the ownership rights of the property which is at present in your mother's name.
Thanks,
Sara.
You can talk to the others and have the property transferred in your name through a title deed. This will give you the ownership rights of the property which is at present in your mother's name.
Thanks,
Sara.
my mother just refinace her house, could she quickdeed the house to me. and how would it work with a existing loan.
Hi Cheryl,
Yes, your mother can quit claim her interests in the house to you but the lender needs to be informed before that so that problems don't arise.
Any transfer of real estate property with a lien on it makes the mortgage loan due immediately and hence the lender should be informed.
May be the lender would ask the loan to be transferred in your name if you qualify and in that case the loan needs to refinanced in your name.
Are you prepared to get the loan in your name?
Blue
Yes, your mother can quit claim her interests in the house to you but the lender needs to be informed before that so that problems don't arise.
Any transfer of real estate property with a lien on it makes the mortgage loan due immediately and hence the lender should be informed.
May be the lender would ask the loan to be transferred in your name if you qualify and in that case the loan needs to refinanced in your name.
Are you prepared to get the loan in your name?
Blue
I was awarded the house in a divorce and need to get my ex's name off of the mortgage. How do I go about doing this? I'm also in the process of trying to sell my home. Do I have to refinance the house on my own or does signing a quick deed take care of that?
Hi Rob,
You need to refinance to remove her name from the mortgage and also before you sell the house your wife needs to quit claim her part to you.
Caden
You need to refinance to remove her name from the mortgage and also before you sell the house your wife needs to quit claim her part to you.
Caden
One thing that you need to be aware of is that if you sell your home, the mortgage will become due and payable to the lender.
You can pay the loan balance with proceeds from the sale and would receive the proceeds exceeding the loan balance. .. David
You can pay the loan balance with proceeds from the sale and would receive the proceeds exceeding the loan balance. .. David
hi rob,
if you wish to refinance, doing a quit claim will not help. a quit claim will help to transfer your wife's share of the property to you. and, to refinance, you will have to take another home loan and pay off the existing mortgage.
if you have thought of selling the house, you will have to pay down the refinance loan first.
there is another process by which you can take your ex's name off the mortgage - it's called novation. refer to a discussion on novation for more details.
thanks,
sara.
if you wish to refinance, doing a quit claim will not help. a quit claim will help to transfer your wife's share of the property to you. and, to refinance, you will have to take another home loan and pay off the existing mortgage.
if you have thought of selling the house, you will have to pay down the refinance loan first.
there is another process by which you can take your ex's name off the mortgage - it's called novation. refer to a discussion on novation for more details.
thanks,
sara.
Can I do a Quick claim deed, to transfer my home to my daughter ? If not how can I do this without it costing a lot ?