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Wiki User
∙ 9y ago
Wiki User
∙ 14y agoYes. However, the lender can still go after you for payment of the mortgage if the mortgage goes into default and your credit will be ruined. You should try to arrange for the lender to release you from the mortgage either through a refinance or by allowing the co-owner to assume your obligations under the mortgage. You should get that in writing and the assumption agreement must be recorded in the land records.
Wiki User
∙ 13y agoMortgages have a due on transfer clause. That means if you transfer the property to a new owner the full amount of the mortgage will become due immediately as you agreed when you signed the mortgage. You will be the one responsible for paying and not the new owner. Remember that the person you transfer the property to did not apply for the mortgage and was not approved by the lender.
Wiki User
∙ 13y agoAbsolutely not. If you signed a mortgage you are responsible until that mortgage is paid off. By executing a deed you will trigger the "due on transfer" clause in the mortgage and the bank can demand immediate payment of the balance. By signing a deed you will convey your interest in the premises while remaining responsible for paying the mortgage. The property remains subject to the mortgage and if it's not paid the bank will foreclose. You should consult with an attorney who can review your situation and explain your options.
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Does the grant deed already provide what a quitclaim deed would your mortgage company is asking for a quitclaim deed but you already have a grant deed Is it possible to get both?
The grant deed and quick claim deed are very different. It is possible to get both for the mortgage company. You will need to visit a title company for more details on your specific situation.
Is a quitclaim deed the same as a mortgage deed?
No. A quitclaim deed transfers the property to a new owner permanently. A mortgage deed is a conditional deed that transfers title to the bank only until the mortgage is paid and then the bank must release its interest.
Will the mortgage company require refinancing with a quitclaim deed transfer?
If you want to take your name off the property and mortgage, yes. Also, most modern mortgage documents contain a "due on transfer" clause. If you execute a quitclaim deed the bank can demand full payment of the debt immediately. You should speak with a bank representative to discuss the changes you want to make.
Can a quitclaim deed stop foreclosure?
No. The deed would only complicate the foreclosure process and cause an increase in legal costs. The mortgage takes priority over the deed since it was granted first. The grantee in the quitclaim deed would take the property subject to the mortgage. The foreclosure would still be filed against the mortgagor.
Is there a way to remove a co-signer from a mortgage without refinancing by using a quitclaim deed?
No.No.No.No.
What happens if a person has a quitclaim deed and the original owners did not give up ownership of the property?
A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.
Is property transferred by quit claim deed in Tennessee considered a gift?
Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.
How does a quitclaim deed work on refinancing your home?
A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.
If 2 people are on a home 1 signs over a quitclaim deed moves out and files bankruptcy will the other person loose the house do to the bankruptcy?
A quitclaim deed says the signer no longer has any ownership or responsibilities to the property in question. However, if there is a mortgage in the signers name, he or she is still responsible for that debt, even though they no longer own the property. If a person files bankruptcy after signing a quitclaim deed, any mortgage owed is still factored into the bankruptcy proceedings. If the court so deems it, and it is a common practice, filing a quitclaim deed just prior to filing for bankruptcy can be considered fraud. It is best to consult a bankruptcy attorney familiar with local laws prior to signing any document.
Can you get your house back if you signed a quitclaim deed?
If you own property and execute a quitclaim deed transferring your interest. You no longer own the property. If the property is subject to a mortgage or if you made the transfer to avoid creditors you have complicated the title and created a problem for yourself but you cannot undo that deed. The grantee in that deed would need to convey their interest back to you. Transferring property that is subject to a mortgage will trigger the "due on transfer" clause. You should consult with an attorney.
Can you sign a quitclaim deed to co-signer if you still owe mortgage company?
This can be a little tricky depending on the terms of the loan. The short answer is yes, you can easily file a quitclaim deed with a local title company and have official ownership changed to your name only (or the co-signor's name only). The caveat is that "tecnically" this may be against the terms of your mortage. The bank could use this as cause to terminate the mortgage and ask for full re-payment at once. The reality is that is it done all the time and there is no way the bank will ever know UNLESS you default on the loan. If the loan is defaulted on, then the bank may have reason to research the title and see the change. Generally, this is only recommended among family members who you KNOW will always pay the mortgage on time and in full. When in doubt, cover yourself and do not file the quitclaim deed.
In Pennsylvania can a co-signer be removed from the deed by signing a quit claim deed?
Yes. Signing a quitclaim deed will divest you of your ownership in the property. However, it will not divest you of your obligation to pay the mortgage if you also co-signed a mortgage. Also, if there is a mortgage, changes in ownership may trigger a demand for full payment of the note. Review the mortgage document if there is a mortgage.
