Posted on: 25th Aug, 2008 08:28 am
My name is on the Warranty Deed and on the first page Settlement Statement of the HUD. But my name is not on the Mortgage, Note or any of the Loan pages. Will a Quit Claim remove me from all financial responsibility to the property? Property is in state of Florida.
Should I use a real estate lawyer for this?
Thank you.
Should I use a real estate lawyer for this?
Thank you.
do not feel comfortable putting her name on the deed i beleive it should be my son
Hi shauna!
As you are the grantor and the property is in your name, then it is solely your right to decide whom you will be giving the property. Nobody can force you to deed the property to a particular person. If such a thing happens, it will be illegal.
Thanks
As you are the grantor and the property is in your name, then it is solely your right to decide whom you will be giving the property. Nobody can force you to deed the property to a particular person. If such a thing happens, it will be illegal.
Thanks
per our divorce, i am giving my ex-husband the house. he claims he cannot refinance and is requiring i sign a special warranty deed. understanding that this takes my name off the deed but does not take me off the mortgage, how will this affect me getting my own mortgage down the road? is there something i can have him sign stating that he will continue to attempt to refinance the house?
Well as long as your name is on the loan you are laible to pay it
But you may show that you are 50% laible, but you cannot rule out full liability
You can buy a house in this situation, as long as you can show good incometo support the payments
But you may show that you are 50% laible, but you cannot rule out full liability
You can buy a house in this situation, as long as you can show good incometo support the payments
Hi MMurphy!
Welcome to forums!
If you already have a mortgage in your name, then other lenders may not be ready to give you another loan to buy a separate property. It would be better if he could refinance the loan in his name first and then you can apply for a mortgage. You can get it mentioned in your divorce decree that your ex-husband will refinance the property within a given period of time.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you already have a mortgage in your name, then other lenders may not be ready to give you another loan to buy a separate property. It would be better if he could refinance the loan in his name first and then you can apply for a mortgage. You can get it mentioned in your divorce decree that your ex-husband will refinance the property within a given period of time.
Feel free to ask if you've further queries.
Sussane
you can not sign any warranty deed as mortgage is linked to it.
if he does not want to refinance, why does he want to own house?
if he does not want to refinance, why does he want to own house?
My wife's name is on the deed of the property. I mortgaged the property and they did not ask for my wife to be on the papers. She did not sign a waiver. We live in florida. Can our primary home be foreclosed on. The mortgage company is in california. They are charging me 14.2%. Help.
Hi Hunter!
Welcome to forums!
If you have defaulted on your mortgage payments, then the lender will have the rights to foreclose the property. You can apply for a loan modification in order to save your property from foreclosure. This may help you reduce your interest rate to pay off the monthly dues.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you have defaulted on your mortgage payments, then the lender will have the rights to foreclose the property. You can apply for a loan modification in order to save your property from foreclosure. This may help you reduce your interest rate to pay off the monthly dues.
Feel free to ask if you've further queries.
Sussane
My husband and I are getting divorced. Am I financially responsible for repaying the mortgage loan if my name is not on it, but my name is on the deed of trust? Do I have to quit claim?
Hi T.Ramirez,
If your name is not on the mortgage docs, then you are not liable for the mortgage payments. If you do not want the property, then you can sign a quitclaim deed and transfer it to your husband. He would be solely responsible for the mortgage and the property.
If your name is not on the mortgage docs, then you are not liable for the mortgage payments. If you do not want the property, then you can sign a quitclaim deed and transfer it to your husband. He would be solely responsible for the mortgage and the property.
My husband passed away 5 yrs ago, my mortgage is in his name only, the property is in both names, I am just starting into foreclosure procedings, I have not lived at the residence for the past 3 yrs. How will this effect me personally?
Hi KBW!
Welcome to forums!
If the mortgage is solely in your deceased husband's name, then the foreclosure of the property will not affect you. The lender would only be able to sell off the property and can recover his dues. He won't be able to sue you for the deficient amount as your name is not on the mortgage. However, you'll lose the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the mortgage is solely in your deceased husband's name, then the foreclosure of the property will not affect you. The lender would only be able to sell off the property and can recover his dues. He won't be able to sue you for the deficient amount as your name is not on the mortgage. However, you'll lose the property.
Feel free to ask if you've further queries.
Sussane
What does that mean and can i be taken off without my permission?
Welcome to donelle,
Your name cannot be removed from a property deed without your permission. You'll have to sign a property deed in order to relinquish your rights. I guess you're speaking about a gift deed. It's a deed wherein the consideration is not monetary, but the property is transferred in return for love and affection.
Your name cannot be removed from a property deed without your permission. You'll have to sign a property deed in order to relinquish your rights. I guess you're speaking about a gift deed. It's a deed wherein the consideration is not monetary, but the property is transferred in return for love and affection.
My ex-girlfriend is a real estate agent. A few years she asked me to sign a paper stating "if you die, I can sell the property for you". Little did I know, because there was no witnesses present and I trusted her, that she was having me sign a Warranty Deed to MY property. She actually put her name on the property with joint rights to survivor. Now, I need to sell the property, to move to another state, she will not sign off on the property without paying her half the value of the property. What can I do?