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Quick Claim Deed

Posted on: 17th Jan, 2006 12:49 pm
My mother owns a house that is paid for, only taxes are owned. My brother had a Quick Claim Deed recorded on the property. Who has ownership, how can this be reversed to my mother as the soul owner, so that she can execute a will listing all of her children as part ownership of the property. Thanks Much
hi lmerriw,

by signing a quit claim deed and adding your bother's name on the deed your mother has handed over her interest in the property to your brother.

to get back the property your brother has to quit claim again and leave his interest in the property to your mother.

after that your mother can execute the will. consult your attorney for the smooth processing.

feel free to ask if you have any more doubts.

regards,
blue
Posted on: 17th Jan, 2006 12:56 pm
Hi,

If your brother is honest and intends to share the property with all of you then it will be no problem. He can sign a deed again and transfer his rights his rights to your mother.

But if he doesn't do so, then it is impossible to get it back unless you can prove that the transfer was invalid or it was made under any pressure.

Wish you good luck.
Steve
Posted on: 17th Jan, 2006 01:21 pm
My Father recently pass but had remarried to my step mother. According to public record the house is registered in both names that i was not aware of. She suddenly filed a quick cliam deed to sell the house. Can she do this legally or what can i do to stop this action?
Posted on: 29th Jan, 2006 07:47 pm
Hi guest,

Sad to hear about your father's passing away.

Regarding the quit claim deed, I don't think your stepmother can sell off the house with the deed. This is because the quit claim deed will allow her only to transfer her share of interest and your father's in the property to whoever she wishes. The title of ownership of the property does not change and so she cannot sell off the property legally to someone else.

The best thing you can do is immediately consult an attorney and explain him your situation. He will be the best person to offer you a final solution.

Thanks,
Caron.
Posted on: 29th Jan, 2006 08:04 pm
If she really wants to sell the property then, she will have to get the entire title of ownership in her own name. And as suggested by caron you should immediately consult an attorney

Zeal_Deal
Posted on: 29th Jan, 2006 08:08 pm
my husband and I are seperated. And I would like his name off the house. But he wants to refiance the house to get his name off. Which is better? To completely get his name off the house?
Posted on: 30th Jan, 2006 12:46 pm
hi kel,

welcome to mortgagefit forums.

i think there is a mortgage on the house for which your husband wants the refinance.

in this case you should have a quit claim deed to take his name off the house and refinance to take his name off the mortgage.

thus he can leave his interest in the title of the house as well as take his name out of the mortgage.

feel free to ask if you have any more doubts. we will be happy if we can help you.

god bless you.

foe mortgagefit,
samantha
Posted on: 30th Jan, 2006 12:56 pm
My mom is 85 years and want out of the responsibilities of property payment and up keep. I've tried to move her in with me or find smaller apartment, she want move. Now she wants to quick claim her property which has a small mortage payment to a relative. I don't know anything about quick claminig property...help!
Posted on: 14th Jan, 2010 01:24 pm
Hi kennyc!

Welcome to forums!

If your mother wants to transfer the property to you, then she'll have to use a quit claim deed. Her name will be mentioned as the grantor of the property whereas your name will be mentioned as the grantee to it. Then the deed needs to be notarized and recorded at the county recorder's office. You can contact an attorney and he will help you in drafting the quit claim deed form.

Feel free to ask if you've further queries.

Sussane
Posted on: 14th Jan, 2010 10:30 pm
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