Posted on: 16th Apr, 2006 06:09 pm
I AM IN THE PROCESS OF A DIVORCE AND MY HUSBAND SIGNED A QUICK CLAIM DEED. CAN I SELL THE HOUSE WITHOUT HIS SIGNATURE. HIS NAME IS STILL ON THE LOAN WITH THE BANK. MY DIVORCE WILL BE FINAL NEXT WEEK. PLEASE CAN YOU HELP ME WITH THIS QUESTION? THANK YOU.
hi,
i am not very sure on whether you can sell that property or not. because through a quit claim deed only the interest in the title of the property gets transferred. and another fact that your husbands name is still on the loan.
you can opt for refinancing to get the loan transferred.
you can take help of a lawyer.
zeal_deal
i am not very sure on whether you can sell that property or not. because through a quit claim deed only the interest in the title of the property gets transferred. and another fact that your husbands name is still on the loan.
you can opt for refinancing to get the loan transferred.
you can take help of a lawyer.
zeal_deal
just went thru that with my wifes ex. he signed a notorized letter that explained the lot and the terms of the deal in detail . our real estate had sent him all the proper documentation for a refinance for name change on the loan to your name only because if you do this during the process of divorce he could reclaim any monies profited from the refi. well it did not pan out that way. he rebuffed the deal but a judge held up the deal with notorized letter and he lost. not a pro just someone who went thru it hope it helps you . whatever you do dont let go of real estate without a profit
Hi,
This problem is quite common in divorce cases. I don't know whether the mortgage company knows about your case or not.
I think that the bank will be after him once they get the news of the quit claim as it make the mortgage due immediately.
It is possible to sell the house as it is in your name now. But it's better if you consult with your divorce attorney on the matter as it involves some aspects to be looked into.
Regards,
Blue
This problem is quite common in divorce cases. I don't know whether the mortgage company knows about your case or not.
I think that the bank will be after him once they get the news of the quit claim as it make the mortgage due immediately.
It is possible to sell the house as it is in your name now. But it's better if you consult with your divorce attorney on the matter as it involves some aspects to be looked into.
Regards,
Blue
i am getting a divorce my husband is giving me the house ,but wants his name off the loan can he quick claim it to me without me having to refinance cause im afraid i wont qualify for $140,000 loan due to my income please help
No, your husband cannot transfer the loan by quitclaim deed. Know more from http://www.mortgagefit.com/discuss/about2007.html .
my ex boyfriend is willng to do a quick claim deed to give me the house because he want his name off. what s a quck claim deed?
Quitclaim deed is a legal document transferring property from one person to another. You can check out the given page in order to know what quitclaim deed is all about: http://www.mortgagefit.com/quitclaim-deed.html