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Quit Claim Deed-Property in Foreclosure

Posted on: 14th May, 2008 02:51 pm
Can you quit claim a house that is already in foreclosure?
Do you mean pre-foreclosure or post foreclosure?
Posted on: 14th May, 2008 03:35 pm
Unless the loan documents you signed specifically prohibit you from doing so you can...but beware it is not going to relieve you of the debt.
Posted on: 14th May, 2008 04:58 pm
I guess it's pre-foreclosure, we have been notified by the court, but we have a 90 day extension.
Posted on: 14th May, 2008 05:12 pm
Yes you are in pre-foreclosure - you have entered the foreclosure process. Post foreclosure would indicate that the lender has already foreclosed and taken title.

I want to be sure I am understanding correctly
    You have an offer on the home,
    The transaction has entered escrow and you have a closing date,
    The buyer will not be available to sign the papers at close of escrow


If this is correct, then yes you can still quit claim the property UNLESS the loan papers you signed when you purchased the house contain an agreement that you cannot transfer title of the property (this would be before any sale is completed).

However, I would not advise this action. What if you quit claim the property over to another person and now you no longer have any right to the house and something happens to cause the deal not to be completed? Deals have been known to fall out...
Posted on: 14th May, 2008 05:53 pm
you need to consult a legal expert - an attorney.
Posted on: 15th May, 2008 06:05 am
Swidgeon, it would help if we understood what you where trying to accomplish. What is the main problem you are trying to fix. For example mortgage payment is increasing, lose of job and can't make payment etc. Just let us know what has happened and we can assist you better.
Posted on: 15th May, 2008 07:45 am
sorry that was me forgot to login
Posted on: 15th May, 2008 08:08 am
Last post was from Cliff.
Posted on: 15th May, 2008 08:12 am
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