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Deeds, Property Transfer and Estate Planning


Posted on: 17th Apr, 2019 12:48 pm
hi could u tell me the home i have was gaving ito me in a living well,i have the Deed in my name .but the loan is in his name to be paid off. a now a attorney said i wasnt responsible for it ,they cant hold me for a Deceased man loan. the home a owen now i have the DEEDthey just have to right it off, charlotte boes

Paying everything but not on the mortgage loan

Posted on: 01st Feb, 2019 08:55 pm
My x-was order by the court to bring the deed to his attorney 10 days after the divorce and that was almost 17 years ago. I have been paying the mortgage, house insurance and property tax and any other expenses that occur like hail damages for this long. He is on the loan. I have been receiving all the documents in the mail with just his name. He is getting all the credits when he is not contributing not even a penny. The house was awarded to me. So why can't the mortgage just remove his name from it?

Filing of a QCD

Posted on: 03rd Sep, 2014 01:43 pm
If a QCD is taken off of an attorneys desk and then the QCD if filed the next day. The morning of the filing at 5:30 am the person that took the QCD off of the other attorneys desk was told in a E-mail to not file the QCD and that they didn't and never did have permission to file the QCD. Could this be reversed as a fraudulant filing? Please give me a response.
There is no purpose to filing a deed other than to give others notice. It does not affect the validity of the deed. So, I don't see how you could allege fraud.
Posted on: 04th Sep, 2014 09:06 am

ex husband

Posted on: 27th Aug, 2014 09:47 am
my ex husband want to move into the house that i brought after our divorce does he have any legal rights ? if so what legal document can he sign ? if he helps me by paying water,light bill etc i don't trust him
You bought it on your own after the divorce? I would guess No he has no legal rights - dont let him - stand up to him and tell him no or better yet have your divorce atty draft him a letter -

Good Luck
Brian Barnes
ENG Lending - Nationwide Lender
We do loans in your state - feel free to email
Posted on: 28th Aug, 2014 11:35 am
If you bought the house after your divorce judgment, your ex-husband has no legal rights to the house.
Posted on: 04th Sep, 2014 09:15 am

Quit Claim With Divorce Agreement

Posted on: 26th Aug, 2014 01:55 pm
Wife had file for bankruptcy chapter 13 on all her unsecured loans and chapter 11 on her house payment on 1st and 2nd mortgage , with a divorce agreement to lea all her responsibility on the said house.The husband needs a quit claim deed so he could Refinance the house , her lawyer won't let her issue a quit claim deed until her bankruptcy is discharge..Are the lawyer right on this matter.
It would impact her BK I would guess they are right

Good Luck
Brian Barnes
ENG Lending - Nationwide Lender
We do loans in your state - feel free to email
Posted on: 28th Aug, 2014 11:38 am
Yes, the bankruptcy judge has jurisdiction over the house until the debt is discharged.
Posted on: 04th Sep, 2014 09:10 am

fiance is moving in

Posted on: 24th Aug, 2014 02:25 pm

My fiancé for 4 years is moving in to my house very soon. He was keeping his residency until now. He is going to rent his house after the move. We live in Maryland.
He is giving me a check every month for the expenses including credit cards, water, electricity, cable, etc. I pay the my mortgage, HOA bill, taxes, etc.
Should I be worry about after he moves in, he may have claim to my house? Are there anything else I should be thinking before he changes his address to mine?

Thanks for the help.

Draft a simple rental agreement - CYA -
he wont have any legal rights that I am aware of - not an atty though - lay it all on the table upfront - if he is smart he will stick around - Marry you and live happily ever after but if that doesnt happen and you are concerned get a pre nup prior to the ring......

Good Luck
Brian Barnes
ENG Lending - Nationwide Lender
We do loans in your state - feel free to email
Posted on: 28th Aug, 2014 11:40 am
Ownership transfers must be in writing. There is no implied ownership through the paying of bills, etc.
Posted on: 04th Sep, 2014 09:12 am

warranty deed

Posted on: 23rd Aug, 2014 06:27 pm
My husband died in 1995 and everything was left to me. He had recieved property from his mother when she died in 1994. I never had it all put in my name. I have the will, property description, and I need to sell the property. What form do I need?
You will need more than a form you will need to go before a probate judge and have the home transferred into your name prior to selling - at least that is how it is in my state - god luck

Good Luck
Brian Barnes
ENG Lending - Nationwide Lender
We do loans in your state - feel free to email
Posted on: 28th Aug, 2014 11:43 am
You need to consult with a probate attorney to put the property in your name before you can sell it. You may be able to file an Affidavit of Heirship, but I think here that you will need to get a court order.
Posted on: 04th Sep, 2014 09:08 am

Fast deeding time in case of dying with debt from care home

Posted on: 23rd Aug, 2014 10:22 am
Is there a law that care homes can take your property if you had it deeded over with a fast deed before you die or is there a law of so many years before you die to do this?
I'm not sure exactly what situation you are describing. Normally, once you properly execute a deed, the property interest is immediately transferred by law.
Posted on: 04th Sep, 2014 09:21 am
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