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Good afternoon. I live in Toluca lake, Ca and my 85 year old grandmother lives in Orlando, and she has a condo that was just fully repaired from the hurricanes that hit two years ago. The problem is that she is in a HUD housing facility and the sale of the condo would remove her from it. She has, what she considered to be a daughter in Orlando, who has been in her life for the past 30 years. My grandmother and her discussed that she would sign a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] over to Wanda and after the sale of the property, she would give her some money and leave the rest to me, her only grandchild. Well, you probably can see where this is going, now she is being very nasty to my grandmother and has hung up on her twice. Also, when Wanda wanted my grandmother to switch over her CD from her bank to Wanda's bank, when my grandmother was asked who is the beneficiary my grandmother said, my grandson. Wanda got up and ran out of the office. I work in entertainment and have no expertise in this field whatsoever, but from my vantage point there is not much my grandmother can do. But, she has been making all of the mortgage payments to date and Wanda hasn't paid anything. My grandmother has an appointment with her lawyer in two weeks, and now Wanda won't return her calls. Is there anything that she can do to reverse the deed or something to that effect?

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My brother-in-law recently passed away and in going through his papers there was a hand written signed and notarized quit claim deed giving me his share in 90 acres in Curry County Oregon which he owned jointly with his son who is incarcerated in the state pen. I have had the deed recorded in my county(Grant County New Mexico) and then have also had the deed recorded in Curry County, is this a valid deed and if so what would I do notify the son that the quit claim deed has been filed and see what he wants to do or would I have the legal right to sell my half of the property. The property is free and clear and the taxes have been paid to date.

Like | Dislike | Share | Posted: Wed, 08/29/2007 - 21:42 | Post subject:

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Johny,

When you have recorded the deed, then it is surely valid.

Though your nephew is holding 50% of the ownership, yet I think there is no need to notify him as you have not acquired his share of the property. You are the owner of the other half of the property share.

After gaining the ownership, you have absolute right to sell half of your part of the property to anyone you like. There are no obligations in it.

Like | Dislike | Share | Posted: Thu, 08/30/2007 - 00:26 | Post subject:

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evolovik26 | Joined: August 15, 2007 11:43 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

larry wrong again !!
please dont respond to questions you dont know the answers to.

Hi Jmgovine, because the quitclaim deed is legal you are 1/2 owner of the property in question. However you cannot sell it without the second owner agreement just the same as he cannot sell without you.
The property might be big and seems like you can divide it in half and sell it but it is considered as a one undivided whole. You can sell your interest in the property by signing it over to someone else but you cant sell the property.
Its like owning stock - you own interest in part of the company and can sell the stock but you cant go around dismantling the company itself to get the stock value out of it.
Imagine for a second that you sold 50 acres of land and the other coowner found oil on his unsold half. Whould you feel cheated? And how do you split the trees, the grass and pick wich half to sell?

You can agree to subdivide your land in 2 pieces with your coowner and then you can sell your half or you can sell the whole thing and split the profits if coowner agrees.

Like | Dislike | Share | Posted: Sat, 09/01/2007 - 19:29 | Post subject:

colin's picture
colin | Joined: June 30, 2006 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:fe0e543c7e]The property might be big and seems like you can divide it in half and sell it but it is considered as a one undivided whole. You can sell your interest in the property by signing it over to someone else but you cant sell the property. [/quote:fe0e543c7e]

Yes, it is like I am co owner of a house with someone and now want out of it. If other co owner agrees then I give him my share and he gives me money for the value of my ownership in the house.

Or for that matter, any other third person can purchase my share in the house by giving me the monie. Thats fine, no problems in it.

But selling the house means the whole property, which includes the portion that other co owner has rights to. When the house will be sold, it will be required to get signatures of all the owners of the house, without which the sale cannot be complete.

Colin

Like | Dislike | Share | Posted: Sat, 09/01/2007 - 19:49 | Post subject:

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Here is my problem I quit claimed a propertie to some one that is now in prison house going into 4 closure and I'm on the loan what can I do

Like | Dislike | Share | Posted: Mon, 11/12/2007 - 15:57 | Post subject:

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jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Hawk,

Didn't your lender ask this person to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage in his name when the ownership was transferred?

If you are on the mortgage, then you are financially responsible for it and if the house forecloses, it will affect your credit.

If it is possible for you to make the payments, then you may do that immediately to stop the foreclosure.

In order to do a reverse quit claim, the present owner is required to sign the document as the grantor. You can take the help of a lawyer and the prison notary to do that but it might take some time.

It is better to talk clearly to the lender as early as possible to prevent the foreclosure, if you have less time.

Like | Dislike | Share | Posted: Tue, 11/13/2007 - 21:39 | Post subject:

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I are getting a divorce. He quit claimed the house and business to me. The divorce will soon be final and suddenly he is trying to stop the divorce so he can fight me for the house. Could he be successful?

Like | Dislike | Share | Posted: Fri, 11/16/2007 - 17:55 | Post subject:

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

I have given the answer at-http://www.mortgagefit.com/quitclaim/divorce-deedreversal.html
You can check it out.

Feel free to ask if you have any farther questions.

Thanks,
Larry

Like | Dislike | Share | Posted: Sat, 11/17/2007 - 04:16 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I want to sell housse, comortgage never lived in house or assumed any financial responsibility. Early on he signed quitclaim deed. Now he is in prison on felony life conviction and refuses to sign warranty deed. Don't want foreclosure on my record, what can I do? What is receivership and how does it work?

Like | Dislike | Share | Posted: Sat, 12/01/2007 - 05:55 | Post subject:

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jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Carole,

If you want to sell the property, the co-owner has to sign the document and give his consent.

Has he already signed a quit claim deed before to remove his name from the deed? Then why is he needed to sign the warranty deed again if his name is already removed from the title?

There is another option. You may force a sale by bringing a partition lawsuit against the co-owner.

Like | Dislike | Share | Posted: Tue, 12/04/2007 - 04:37 | Post subject:

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

A friend of mine has sons in germany who he did not know were listed when the property was purchased in 1985. His wife died in 1986 and did not leave a will. Now that he is trying to sell this house, he found out during a title search that the sons were listed. He has paid for this house by himself all these years including taxes. The sons never paid anything. The mother died when they were 2 years old, however, now since he is asking for a quitclaim they all of a sudden they have a right to the home and won't sign the deed. How can my friend sell the home without the son's signatures?
Thank you!

Like | Dislike | Share | Posted: Wed, 09/17/2008 - 16:17 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My Mother put all her six children on her apartment building through a quick claim deed 20 years ago after my Father died. Now one brother has become a crack cocaine addict and is draining all my Mother's assets.
Can we get him removed without him signing the deed. He has to date bleed her of at least 150000.00 and now she is going to have a lot of trouble trying to pay the taxes. This property is her source of income, she does'nt live at the property.

Like | Dislike | Share | Posted: Sun, 11/09/2008 - 03:16 | Post subject:

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jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Suzie Tomasone!

You will require your brother's signature in order to remove his name from the deed. You will have to ask him to give away his property interests in your favor by signing a quitclaim deed.

Thanks.

Like | Dislike | Share | Posted: Sun, 11/09/2008 - 22:53 | Post subject:

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I quitclaimed my house to a close relative about 6 months ago under the agreement that they would make a percentage of the mortgage payments. The mortgage is in my name alone through a company. I am still having to make the full payments with no regard to our original agreement. Can I null and void the quitclaim agreement if they are in agreement?

Like | Dislike | Share | Posted: Fri, 01/02/2009 - 00:21 | Post subject:

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Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jatlive,

As the relative did not abide by the original agreement that you had with him/her, you can take steps to declare the quitclaim deed null and void. You can ask the relative to sign a reverse quitclaim deed in your name. If the relative does not agree to reverse quitclaim the deed, then you can take the help of an attorney and try to sue him/her in the court.

Thanks.

Like | Dislike | Share | Posted: Fri, 01/02/2009 - 00:49 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother and father-in-law quick claimed their property to thir three children 13 years ago. Now, my father-in-law passed away and she wants the property back to do a reverse mortgage. Not sure she should do that at this time, but either way, that's what she wants to do. Should the children quick claim the deed back to her, what are the tax implications regarding each adult child. Will they have to pay the gift tax on next year's income tax?

Like | Dislike | Share | Posted: Thu, 01/22/2009 - 15:00 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As the children will be transferring the property, I don't think there will be any gift tax implications on this transfer. However, while transferring the property, the children will be incurring the transfer taxes and stamp doc fees.

Like | Dislike | Share | Posted: Thu, 01/22/2009 - 21:29 | Post subject:

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm tryin to help my cousin. Her mother has two houses and bills. Her mother home was once paid in full maybe 5 year ago, then pull out the equity, I quess has a new mortage now, the mortgage and all the bills are being paid on time,nothing is behind. The second home my cousin stayes in, payment has been paid every month on time. For the past months her, mother has been very sick, can't take care of herself any more and don't stay in her home anymore, haven't for several month. Now that the mother is stayin with my cousin, they need more room in there home, need to add on to accomodate her mother. Two much money is being spent out on the house no one is stayin in, it's becoming very stressful for her to keep up the up keep, the house is very old and it's away's being vandelize, it will be very hard to sell for the amount that's owe on it. My cousin credit isn't good enough to buy another home. I know she would like to keep the house she is stayin in, take care of her mother,maybe sell the older home or due away with it along with her mother bills. How can she keep the house she's stayin in, have it put in her name without it effecting her in the long run, if her mother past or have to go in a home, maybe add on and due away with her mother bills, maybe [url=http://www.mortgagefit.com/refinance.html]refinance[/url] then consolidate her owe bills..I know I'm asking alot but my cousin is very stress

Like | Dislike | Share | Posted: Mon, 01/26/2009 - 18:26 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi ww,

If your cousin is not delinquent in her payments, she may try to refinance the mortgage at a lower rate. This will help her in reducing the monthly payments and she will be able to save the property. But she will have to pay the closing costs and other related costs while refinancing.

Like | Dislike | Share | Posted: Mon, 01/26/2009 - 21:46 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm writing again from Jan 26 for my cousin. Good advice was given, but how do you refince? What are the steps? I had mentions that my cousin is responsible for payin her mother bills and the vacant home mortgage. Since her ill mother is stayin with her, but in a home that is in the mother name,there are bills to be paid there also. Her mother is on a fix income. I feel that the income should be spent to better the living of the mother and daughter. What is the best thing to do about the mother bills? What can be done quickly...

Like | Dislike | Share | Posted: Tue, 01/27/2009 - 20:02 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Your cousin needs to contact the lender and speak about refinancing. If your cousin has a good credit score and income and if the property has some equity, then the lender will be ready to refinance the property. Once she refinances the home in her name, she will be responsible for paying the debts and her mother could pay for the medical bills from her fixed income.

Like | Dislike | Share | Posted: Tue, 01/27/2009 - 22:06 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I do a quick claim deed under the name of my son, but am paying the mortgage, if I stop paying the mortgage, wiil be affect the credit of my son?.

Like | Dislike | Share | Posted: Sat, 03/07/2009 - 15:25 | Post subject:

jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi andrea,

If you son is only on the title and not on the mortgage, then if you default on the loan his credit will not be affected. But if his name appears on the mortgage papers and you default, your son's credit will surely take a hit.

Thanks,

Jerry

Like | Dislike | Share | Posted: Sun, 03/08/2009 - 08:36 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My grandmother lives here in California,in her paid for home, she is on social security and she has been diagonsed with terminal cancer. how can I get her home into my name, without paying additional taxes. She doesn't have long to live, so I have to move fast.

Like | Dislike | Share | Posted: Thu, 06/18/2009 - 13:11 | Post subject:

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robert.smith2005 | Joined: May 22, 2009 07:49 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Like | Dislike | Share | Posted: Sat, 06/20/2009 - 00:05 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if i signed over my house on a quick claim deed but it was never file with with the clerks office is there a way i can get out of it? it was like 10 years ago and they are allways late on the mortgage and my credit is in the dump now. id like to put it up for sale. what are my options?

Like | Dislike | Share | Posted: Sun, 06/28/2009 - 16:53 | Post subject:

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi chad,

A quitclaim deed needs to be recorded with the county clerk's office in order to be considered valid. If the deed was not recorded for 10 long years, it iw likely that it will no mor be considered valid. I think you should first check with the county recorders office as to who holds the title. If it is still in your name, you can sell off the property.

Like | Dislike | Share | Posted: Thu, 07/02/2009 - 21:52 | Post subject:

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