Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Owner deceased: is quit claim deed possible?

Posted on: 21st Dec, 2005 10:26 am
My aunt passed away leaving a will. She owned a house that was paid for. Her name is the only name on the deed. The will states the property is to be sold and the proceeds will be split between her neighbors and myself. We are both named in the will. They do not want the house to be sold. They want it for their daughter and for a quit claim to be done. I want the house sold. Will they be able to just get house like that? Because the owner is deceased, can a quit claim be done? THank you.
Yeah, wife can definitely sign the deed for him.
Posted on: 20th Mar, 2006 09:36 pm
Hi,

Through a quit claim deed you can have the right of ownership of the property through a quit claim deed.
"
Also- The husband (owner) is now deceased, can the wife sign for him?"
The wife cannot transfer the title of the property through the deed. For that, she should have the ownership rights of the property that has been transferred through a will made by her husband.

You should also look to take help from a real estate attorney in Washington.

Thanks,
Jerry
Posted on: 20th Mar, 2006 09:45 pm
Posted on: 07th Apr, 2006 08:43 am
Sorry to hear about your father, but unfortunately, you have to pay those dues as after the deed you become the title holder.

So, you have to pay the bills and against you they can take some action.
Posted on: 07th Apr, 2006 09:12 am
Hi Lee,

I can understand the difficult situation that you are in now. I feel sad that when you are already in such a distressed condition with your father's death, you are pushed towards more trouble by the collectors.

Unfortunately, the collectors can't be stopped without their payments made. Do you have any source of income?

You can negotiate with them and take some time convincing them of the current difficult circumstances.

If they get assured that the payments will be made somehow, perhaps they can wait for sometime. Give it a try. Let's hope something comes out.

Feel free to get back here and let us know about the outcome. We will try to help you in all possible respect.
Posted on: 07th Apr, 2006 10:03 am
Is it possible to get a quit claim deed when the owner is your father and he is deceased and there was no will left and it is needed for name change/loan transfer
Posted on: 14th Apr, 2006 06:40 pm
I am not very sure whether you can opt for quit claim deed or not. However through a quit claim deed loan will not get transferred.

I will advise you take an attorneys help.

Zeal_Deal
Posted on: 14th Apr, 2006 07:35 pm
Hi,

I have answered a similar question at http://www.mortgagefit.com/discuss/about1802.html

Thanks,

Caron.
Posted on: 14th Apr, 2006 08:20 pm
My mother passed away without leaving a will. I have been paying the taxes on the property for the last 20+ years. My Brothers and Sisters told me that I could have the property for the taxes they owe. There are 5 of us left with 3 deceased. How do I clear the property in my name?
Posted on: 12th May, 2006 05:46 am
You have the papers which says that you have been paying the taxes ??

I think then an attorney can help you that who you should proceed.
Posted on: 12th May, 2006 06:31 am
Hi Henry,

Now all things has to be reflected in the deed which can be done with the help of a professional only.

If you have all the documents for the property and the proof for the taxes paid by you for the past 20 years then, you can take the help of an attorney for proper guidance.
Posted on: 12th May, 2006 09:30 am
Does a quit deed need to be filed with the county recorder to be a legal, binding document? My father quit deeded a house to me. He still holds a small mortgage, which I pay. I have the quit deed in a safe; it's not been filed. If something were to happen to him would the quit deed I have be enough to make sure I keep the property? Thanks!
Posted on: 22nd May, 2006 11:21 am
hi r.m.,

welcome to mortgagefit forums.

a deed is still valid even if it is not recorded. but, other people will not be able to know about your interests in the property gained by you through a quit claim deed.

the purpose of recording a quit claim deed is to make it open to the public for inspection of deeds and other documents regarding the property.

this is required in case you want to sell the house or attempt to have a loan on the property or refinance a mortgage. in such situations the lender can verify your rights from the recorder's office.

so, it's better to get the deed recorded with your county recorder's office.

feel free to ask if you have any more queries.

god bless you.

for mortgagefit,
samantha
Posted on: 22nd May, 2006 11:53 am
Hi R.M.,

It's always better to record deeds, as they are legal matters and recording them helps in proving their validity. But a quit claim deed isn't enough to keep the property if something happens to your father.

You can take over the title to the property provided your father has made a will stating that you should inherit the property under the condition that you mention.

You may also consult an attorney for further clarification, as its legal matter and the opinion of a legal professional always counts.

Thanks,

Caron.
Posted on: 22nd May, 2006 08:39 pm
Is it possible to quit claim property to someone if there is a mortgage on it?
Posted on: 30th May, 2006 08:44 am
Page loaded in 0.103 seconds.