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.

Quitclaim Deed: A Document that transfers property-interest

A quitclaim deed is a legal document that transfers your interest to another individual in the property such as
  • House - A building for human habitation
  • Land - A place which can be used for habitation, investment or any other purpose
  • Mobile home - A movable house that is parked in a place

Two parties are there in a quitclaim deed process – grantor and grantee. Grantor is the party that transfers the property and the grantee is the party that gets the property. In a quitclaim deed, no promises are made by the grantor that the property is lien-free. Before opting for this deed, it is advised that the grantor should consult an attorney and know about the possible consequences of such property transfer.
To help you get a clear idea of what a quitclaim deed (often misspelled as quick claim deeds or quit claim deeds) is, the whole information is divided into different sections:


When to use quitclaim deed

A quitclaim deed is commonly used in the following situations:
  1. In a divorce, when an ex-spouse transfers ownership of the property to the other.
  2. A spouse may add other spouse's name to the property title after marriage only by issuing the spouse a deed.
  3. At the time of purchasing a property, ownership is transferred from the seller to the buyer. For such transfer, parties involved may use a quitclaim, general warranty, or special warranty deed.
  4. Sometimes, previous owner of the property may retain some ownership interest in the property. This interest can be transferred to the new owner with the help of a quitclaim deed.
  5. A person planning a will or a living trust can use the document to transfer ownership of the property into a trust or the person they want to inherit the property.
  6. Parents willing to transfer the ownership in a property to a child or a relative before the property gets stuck in a probate.


6 Steps to follow in a quit claim deed

Preparing a quitclaim deed is very easy. Here are some quick steps to do so.
  1. First of all, obtain a quit claim deed form. You can get the form online. You can also obtain it from the office of the local county recorder.
  2. Fill in the names of the grantor and the grantee. If possible address of both the parties has to be filled in.
  3. Signature of the grantor should be there in the form. In some states, signatures of both the grantor and the grantee are required.
  4. A public notary should verify the signature of the grantor. Generally, the grantor has to sign the deed in front of a public notary.
  5. A legal description of the property is a must. This is because of the fact that without the legal description, deed can’t be recorded in the recorder’s office.
  6. In order to make the deed valid, it should be recorded in the recorder’s office.


Life estates and quitclaim deeds

Even after transferring a property through quitclaim, you can have the right to stay there till your death. This is possible only if you retain a life estate for yourself. A life estate is a kind of estate where you retain interest in the property for your lifetime, and specifically name the person to whom the property is to go to immediately after your death.


Reverse/undo quitclaim

Once you have signed a quitclaim, the only way to get the property back is to have the grantee quitclaim it back to you or prove the transfer was invalid. If you can prove that you signed the deed under threat, external pressure, or the grantee made you sign by telling you false information, then you can have the quitclaim deed invalidated. For invalidating a deed, consult an attorney in your state. Learn more...
This legal document is a good way to transfer property if you are transferring it between family. The best way to transfer property to or from someone who is not family is to use a general or special warranty deed which gives the buyer warranties as well as transfers property.
Related Readings
Related Forum Discussions
Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

I don't think there is any such chance. Lenders are doing business to make money and they won't allow themselves to take risks.

You may talk to your lender or seek the help of a real estate attorney for appropriate suggestions.

Angel

Like | Dislike | Share | Posted: Wed, 05/10/2006 - 15:43

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

Hi,

Since you don't have any income, so I think that your father is the primary borrower on the loan. In that case the lender will not allow his name to be removed from the deed.

In any case if any real estate transfer has to be done with a mortgage on it then, you need to inform the lender as otherwise the mortgage may fall due immediately.

James

Like | Dislike | Share | Posted: Wed, 05/10/2006 - 15:31

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

Hi,

My father and I are in the process of purchasing a home. I will be in school this year and so will not have an income so my father had to be on the loan as a gurantee of payment. The way the loan application is drawn up is as both of us as co-borrowers. I must also mention that it is a FHA non-owner occupied loan. My question is 2 fold. 1st. Is it possible to get my fathers name off of the deed before closing so that he is only on the mortgage as a gurantee of payment and 2. If this is not possible could he quick claim the deed to me after say 2 months. The payments and everythign will still be paid in the same way but he just does not want to be on the deed because of liability issues in the case that something would happen on the property and he was sued.

Like | Dislike | Share | Posted: Wed, 05/10/2006 - 15:00

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

hello i buy a home in florida but that person sale that house his take from forcloser, and now i want sale my house and i have one problem for sale , that tiltle company send me this This property was in foreclosure before it was
conveyed to you and the foreclosure needs to be re-done, but i dont understand whats is this, can u helpme and may giveme one xplication of this , whats that problem please

Like | Dislike | Share | Posted: Wed, 12/12/2012 - 00:35 | Post subject:

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

Hi,

Welcome to the Forums.

Through a quit claim deed only the interest in the title gets transferred. And therefore even after your mom signs a quit claim deed she will not be able to transfer all the ownership rights to your sister.

I would advice you to ask your mom to go for a title deed. And like Adonis said to be on the safer side please take help of an attorney.

Please feel free to ask if you have any more problems.

Thanks,
Jerry

Like | Dislike | Share | Posted: Wed, 05/10/2006 - 08:46 | Post subject:

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

If your mom deeded the house to your sister then she will have the rights over the property.

To be more safe, your mother can also transfer the full ownership of the house to your sister. what I can suggest you is, you should process this under your local attorneys supervission.

Hope this helps.

Like | Dislike | Share | Posted: Wed, 05/10/2006 - 08:32 | Post subject:

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

My mother owns a home in which my sister rents. My mom is thinking about signing a quit claim deed to sign it over to my sister. My mom wants to know, if she passes, will the house automatically go to my sister. If not, what would happen to the house? Note, the house is not paid off.

Thanks

Like | Dislike | Share | Posted: Wed, 05/10/2006 - 07:59 | Post subject:

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

Hi Kathy,

You will get the form for quit claim deed in any office supply store or you can collect it online.

But as suggested by Samantha, you should take the help of a real estate attorney for going through the process and to have a smooth transfer.

Like | Dislike | Share | Posted: Mon, 05/08/2006 - 12:46

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Kathy,

Welcome to MortgageFit Forums.

Regarding quit claim deed; you may file it yourself or take the help of an attorney. I shall recommend to consult an attorney and get it done under his guidance as these real estate deeds are critical to handle for people who are not in that field.

The deed holds the name of the names of the grantors and the grantees and the detail of the interest of the property that is to be transferred.

It needs to be signed by both the grantors and the grantees. After the signatures are over you should get it notarized and get it recorded in the County's recorder office.

Feel free to ask if you have some more doubts.

God bless you.

For MortgageFit,
Samantha

Like | Dislike | Share | Posted: Mon, 05/08/2006 - 12:43

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

how do you get one of these quit claim deeds filed?

Like | Dislike | Share | Posted: Mon, 05/08/2006 - 12:14 | Post subject:

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

I completely agree will Mac here. You should consult an attorney ASAP. He is the best person to help you out in this situation.

Thanks,
Jerry

Like | Dislike | Share | Posted: Sun, 05/07/2006 - 19:16 | Post subject:

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

You should consult your attorney 1st, as these action was taken by the court so it a legal issue now. And who else can give you a better advice than attorney.

Your attorney can guide you well on how to stop this.

Like | Dislike | Share | Posted: Sat, 05/06/2006 - 22:35 | Post subject:

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

I am currently in a chapter 13, without my knowledge or my attorneys,the judge lifted a stay and now the company, that holds the second on my mortgage is going to close, on my houses what can i do

Like | Dislike | Share | Posted: Sat, 05/06/2006 - 19:13 | Post subject:

blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Michelle,

If your house is already in a foreclosure, then I don't think there is any reason to go for a quit claim deed again. One intention may be to be save you from further damaging your credit as the house will not be further in your name.

Otherwise they are going to sell the house and get the mortgage satisfied themselves. Quit claim deed transfers whatever interest you have in the house to the grantee but it has nothing to do with the mortgage.

The mortgage still remains in your name and you are held responsible to pay for it.

Blue

Like | Dislike | Share | Posted: Fri, 05/05/2006 - 10:09

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

Did you ask them the reason behind asking a quit claim deed?

Like | Dislike | Share | Posted: Fri, 05/05/2006 - 09:49

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

My house and home equity was listed as part of my bankruptcy. I didn't give up the house right away. It was not re instated, so now it is in foreclosure so the two companies can decide between the two who is going to get what. They are recommending a quit claim deed, since the house is vacant. Is this a good thing to do? I don't understand when you say by signing you are still responsible for mortgage payments, but I am not due to bankruptcy. Let me know your side.

Like | Dislike | Share | Posted: Fri, 05/05/2006 - 09:40 | Post subject:

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

Hi, my boyfriend is selling his home. When he divorced, the ex signed a quit claim deed. The deed was properly filed. Now, upon doing the title search, the lawyer says the deed wasn't signed properly and she must sign another one. What does he mean, and what ramifications could this have on the sale of the property?

Like | Dislike | Share | Posted: Thu, 05/11/2006 - 06:59 | Post subject:

blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

You can get her name removed from the deed through a quit claim deed. Take the help of an attorney and get it done under his guidance.

Get the deed notarized and recorded in your County's recorder office. Feel free to ask if you have any more queries.

Like | Dislike | Share | Posted: Tue, 05/02/2006 - 16:01

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

Left the House five years ago, adonment. Has name on deed not loan. How can I get her name off if she will not sign

Like | Dislike | Share | Posted: Tue, 05/02/2006 - 15:33 | Post subject:

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

Hi,

You can add your daughters name in the title of the property through quit claim deed.

But in order to add her name in the mortgage either you will have to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] or undergo a process called [url=http://www.mortgagefit.com/know-how/novation-mtg.html]novation[/url].

Thanks,
Jerry

Like | Dislike | Share | Posted: Mon, 05/01/2006 - 19:15 | Post subject:

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

I am considering adding my daughter's name to my existing mortgage and title. I want to make sure that when I die, the house will belong to her. Would I do this with a quit claim deed? I do not want any debtors I may owe at the time of my death to be able to put a claim on the house.

Like | Dislike | Share | Posted: Mon, 05/01/2006 - 07:21

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

Hi GK

welcome to the forums

yeah with the help of deed you can add your daughter to the title. This can be done with the help of local recorders. For this I think some nominal fee will be charged. But this will not add her onto the loan.

For adding her in the mortgage you need to contact your mortgage lender. They can guide you well on this.

Hope I have been able to guide you.

Good Luck.

Like | Dislike | Share | Posted: Mon, 05/01/2006 - 08:33 | Post subject:

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

Hi Orange,

You have to acquire sole ownership on the house through a quit claim deed for that purpose. Once your wife signs a quit claim deed then after that, she can't claim any mariatl interest on it.

Consult your attorney and take his/her advice on the matter to get a clear explanation.

James

Like | Dislike | Share | Posted: Thu, 04/27/2006 - 13:35

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Orange,

Welcome to MortgageFit Forums.

Through a quit claim deed your wife can transfer her interests in the house deed to you and after that she will not have any claim of interest in the house, but at the time of divorce the judge may decide on it whether to give her any share.

I think these are done through settlements in the court at the time of divorce. It's best to take the advice of an attorney in the matter.

God bless you.

For MortgageFit,
Samantha

Like | Dislike | Share | Posted: Thu, 04/27/2006 - 13:00

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

I have been married for less than a year and things arent working. If my wife signs a quit claim deed before the divorce than does that mean she doesnt get half the house?

Like | Dislike | Share | Posted: Thu, 04/27/2006 - 12:45 | Post subject:

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

Valerie,

Is there any scope of verbal agreement in these matters :?: I doubt whether anybody can make any claims on a verbal agreement. :?

James

Like | Dislike | Share | Posted: Wed, 04/26/2006 - 13:15

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

During times of great duress Quit Claimed property to a family member by verbal agreement - family member refused to discussed the return of property - just recently paid off property and changed ownership into her name.

Like | Dislike | Share | Posted: Wed, 04/26/2006 - 13:04 | Post subject:

blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Puffin,

I think you are correct and it can be quit claimed by you and your brothr back to her so that she can sell it. So far she is having a life estate and you two are on the deed, she can'r sell the property.

You can't avoid your brother at this stage as his name is on the deed, so he is entitled to half of the profit along with you provided there is exchange of money in the transfer.

Now as I told you she will not be able to sell the house with a life estate on it and both of your names on the deed. She can only enjoy the house through out life.

Your mom can try to get back her money spent on the bills but, I doubt if your brother doesn't agree to pay it back nothing can be done.

Puffin, Real estate transfers are extremely critical matter and involves lot of technical issues. So, it's always wise to consult an attorney and seek his advice. He is the best person to guide you in this matter.

Regards,
Blue

Like | Dislike | Share | Posted: Wed, 04/26/2006 - 10:22

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

My mom had the deed changed after my Dad passed away - She holds "Life-Estate" and her name is listed with mine and my brothers name. She now wants to move in with me and sell her house but, my brother has no idea his name is on the deed. He hasn't worked in 8 years and my parents have been paying his bills since 1999. My mom wants all profits from the house but feels my brother will present a problem. I suggested a "Quit Claim" for me and my brother to sign the deed back to her. Will the profit be split 3-ways or 2-ways as the deed is listed? What if my brother refuses to sign the deed back to my mom? Should my mom try to claim pay-back for all the monies she has paid out for my brothers bills before the house is sold, so she can get more money from his share? Since my mom is 81 will she have to pay Capital gains?

Like | Dislike | Share | Posted: Wed, 04/26/2006 - 10:04

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi remm!

Welcome to forums!

Did you buy the property from the foreclosure sale? And did the lender recover all his dues? If yes, then I don't think the foreclosure needs to be re-done again. It will be better if you could get in touch with an attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 12/12/2012 - 21:34

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

It can be cancelled, but again you have to prove it that at the time signing the deed you were not given the proper information or you have been forced to sign the deed.

Like | Dislike | Share | Posted: Tue, 04/25/2006 - 07:24 | Post subject:

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tml,

Welcome to MortgageFit Forums.

Once a quit claim deed is signed, the transfer is completed and it can't be voided. If you want to get back the property, it is extremely difficult to undo the deed unless the grantee agrees to sign it back to you.

Otherwise, to cancel a deed, you have to prove it invalid like you may have to prove that it was created under threats, or you signed it due to some lies by the grantee.

A lawyer needs to be hired to prove the transfer invalid, which can be expensive and there is no guarantee that you will be successful in it.

God bless you.

For Mortgagefit,
Samantha

Like | Dislike | Share | Posted: Tue, 04/25/2006 - 10:17

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

Can a quit claim deed be vacated and set aside, or voided?

Like | Dislike | Share | Posted: Tue, 04/25/2006 - 05:54 | Post subject:

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sheri,

Welcome to MortgageFit Forums.

Quit claim is possible in timeshare to get your name removed. But you can't transfer your liability of repaying the mortgage. Quit claim won't transfer the mortgage and you will still be responsible for the payments.

To transfer the mortgage, the mortgage needs to be refinanced in your boyfriend's name. Otherwise, if payments are not made the creditors can be behind you too.

It's best to consult an attorney for the purpose to guide you in a proper way.

God bless you.

For MortgageFit,
Samantha

Like | Dislike | Share | Posted: Mon, 04/24/2006 - 13:01

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

Hi Sheri,

You can quit claim the property and remove your name but I think that has to be agreed by your boyfriend too.

The mortgage will still continue to be in your name.

Like | Dislike | Share | Posted: Mon, 04/24/2006 - 12:55

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

My son's name was entered into the loan when Iapplied for a equity loan and I am paying the mortgage ever since 2002.Now my son wants that his name be romove because he want to buy for his own Please help me what todo.

Like | Dislike | Share | Posted: Fri, 12/28/2012 - 17:01 | Post subject:

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

Can I quick claim over a timeshare bought with my boyfriend? I have not paid, used or plan to use it. He has been making all the payments except for $400 that I paid up front. In order to remove my name from all dept owned, will a quick claim work? Can he sue me for half that he paid & i didnt?

Like | Dislike | Share | Posted: Mon, 04/24/2006 - 12:48 | Post subject:

Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Julia,

I don't think that it will affect the deed if its not a secured debt. Tell me is the debt against your property? Then that person may have problems in getting his name on the title. But he can atleast retain his share in the property interest with the quit claim deed.

Thanks,

Caron.

Like | Dislike | Share | Posted: Sat, 04/22/2006 - 19:27 | Post subject:

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

Hi son,

If the property is a living trust or it is jointly owned with the right of survivorship, then only probate can be avoided. With a quit claim deed, your mother can only give you a share of the interest in the property but your name does not appear in the title. For that she can sign a title deed to give you ownership rights or if she is now the owner, she can make a will so that after she dies, you become the owner.

This is done in several states where you don't need a probate for such transfers. But in some states, even with a valid will, the property may not be automatically transferred to the survivor, and in that case, a separate probate is required.

So you need to consult a real estate attorney and discuss the matter as soon as possible. He will give you an idea about the laws on probate in your state.

Thanks,
Jerry.

Like | Dislike | Share | Posted: Sat, 04/22/2006 - 19:20 | Post subject:

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

My mother has done a quit claim on her property to myself and my two siblings. One of my siblings owes her a large sum of money and it is unlikley they will pay it back. What happens (whem my mom is deceased)to the quit claim when one of three parties has an unpaid debt to the person that did the quit claim deed?

Like | Dislike | Share | Posted: Sat, 04/22/2006 - 16:45 | Post subject:

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

my mother wants to leave her house to me her son. she also has a daughter that she has disowned. so if we do a quick deed will the house stay in my mothers name untill she passes. then just go straight to me with out going through probate.

Like | Dislike | Share | Posted: Sat, 04/22/2006 - 12:01 | Post subject:

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

[quote:fd0c94f2be]He will not deed it back to me voluntarily, and if the property sells, will he be entitled to any proceeds?[/quote:fd0c94f2be]

On this, yes as he has ownership now.

Its tough to get the property back once its has been quit claimed deed.

The only way is if you can prove that transfer is invalid say for example because you signed the deed under some threats or other extreme pressure, or you signed it due to some lies the grantee told you. To invalidate this transfer you needs some lawyers assistance, but this can be bit expensive and chances of going into your favour is also less.

But if this can be proved then the guilty person has to face 10yrs of prisonment and a fine up to $20,000, a $500 payment to a victims fund, all the court costs, and $100 for DNA profiling. Along with it, court may order restitution up to double the value of the loss.

Hope I have been able to help you.

Thanks

Like | Dislike | Share | Posted: Fri, 04/21/2006 - 08:56 | Post subject:

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

He will not deed it back to me voluntarily, and if the property sells, will he be entitled to any proceeds? Since he obtained the quit claim deed under false pretenses

Like | Dislike | Share | Posted: Fri, 04/21/2006 - 08:44 | Post subject:

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

l sent you a question and did not receive an answer

Like | Dislike | Share | Posted: Fri, 10/19/2012 - 09:10 | Post subject:

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

I have some confusions in my mind. Correct me if I am wrong.

You are saying that thhe property was quit claimed to your boyfriend and as the relation is no more between you people so you want that property back.

If this is correct, then you can take the property back from him through the deed and there are few other way also.

Like | Dislike | Share | Posted: Fri, 04/21/2006 - 08:39 | Post subject:

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

I have a mortgage on a property, and my ex BF wanted me to do a quit claim deed to his business so that he can show assets and obtain a line of credit for his business. He never received the line of credit, and now that we are no longer dealing with each other, I have asked him to put the property up for sale (I moved back to NY)he is in GA. He is now using the quit claim deed to "sell the property". Is that legal and will he receive any monies at the time of sale after the mortgage is satisfied? Which is why I want to retract the quit claim deed.

Like | Dislike | Share | Posted: Fri, 04/21/2006 - 08:28 | Post subject:

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

Hi lori.

Let me answer your queries one by one.

[quote:24a19219ba]If I signed a quit claim deed and it was never recorded is it still valid? and is there a specific time frame to have it recorded.[/quote:24a19219ba]

Yes, the deed is still valid despite being not recorded. There is no such specific time frame for it to get it recorded. Its always advisable to record it as promptly as possible. If you fail to record it then it can create some problem for you.

It is not easy to reverse the deed once recorded. You need to prove that it was signed under threat or duress.

Thanks

Like | Dislike | Share | Posted: Fri, 04/21/2006 - 08:18 | Post subject:

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

If I signed a quit claim deed and it was never recorded is it still valid? and is there a specific time frame to have it recorded. Is there anyway to reverse a quit claim deed?

Like | Dislike | Share | Posted: Fri, 04/21/2006 - 08:05 | Post subject:

Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

As far as my knowledge says, when you sign a quit claim deed you are actually transferring a share of your property interest and not the title to the property. Probably that is the reason why the mortgage company hasn't removed your name from the title.

The best thing that you can do is to talk to the mortgage company and sign a title deed through which you can remove your name and add your ex's present wife's name to the title. Adding her to the quit claim deed will give her a share of the property which she cannot own.

Thanks,

Caron.

Like | Dislike | Share | Posted: Tue, 04/18/2006 - 21:52 | Post subject:

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

I signed a quit claim deed to my ex six years ago. The mortgage company has not removed my name and the property is now in his name only. We have both tried to remove my name. Now he has remarried and we don't know what else to do to get them to remove my name and add hers. Any suggestions? Possibly get him to add her to the quit claim deed?

Like | Dislike | Share | Posted: Tue, 04/18/2006 - 18:24 | Post subject:

Page loaded in 0.310 seconds.