Posted on: 28th Nov, 2006 08:22 am
My husband and I will be purchasing land from his sister. She is in the process of being taken to court because she hasn't been making payments. The lawyer said that we can pay off the debt 1st and then have her transfer the "deed" to us. What would be the best way to handle this situation? Thanks for your time.
hi karen,
i think just taking any legal step against her is not so right choice. since, there is a default payment from your side.
what your lawyer suggesting you, you can move forward on that way only. just try to pay off her debt first and then ask her to transfer the deed to you. while transferring the property is sure that property should have any lien.
so, for transferring property you can use warranty deed instead of using quit claim deed. warranty deed guarantees you that there is not outstanding debt on the property.
thanks
i think just taking any legal step against her is not so right choice. since, there is a default payment from your side.
what your lawyer suggesting you, you can move forward on that way only. just try to pay off her debt first and then ask her to transfer the deed to you. while transferring the property is sure that property should have any lien.
so, for transferring property you can use warranty deed instead of using quit claim deed. warranty deed guarantees you that there is not outstanding debt on the property.
thanks
Hi Karen,
I suggest you at the time making payment try to have 1 or 2 general withness other than your lawyer.
It may help you in future if she denied to sign the deed and claim that you did not make her the full payment.
Thanks
I suggest you at the time making payment try to have 1 or 2 general withness other than your lawyer.
It may help you in future if she denied to sign the deed and claim that you did not make her the full payment.
Thanks