Posted on: 25th May, 2006 09:53 am
I own a house with some one else and we split, if he keeps the house and I do a quick claim deed, does that take my name off the mortgage and does any of that show a negative transaction on my credit
I sold my house over a year ago. The guy moved in still has not closed, contract read he had 60 day. He still in Dec. 06' recorded quit claim deed even though he has'nt closed on the loan to satisfy the mortgage that was on the property.
You can take him to court for violation of the contract that was made with you. If a legal contract was made then it can enforced by taking legal measures. Get in touch with an attorney to know the steps you have to take to file a lawsuit against this guy.
"I sold my house over a year ago. The guy moved in still has not closed, contract read he had 60 day. He still in Dec. 06' recorded quit claim deed even though he has'nt closed on the loan to satisfy the mortgage that was on the property."
You should have taken steps much earlier to know the reason why he has not taken necessary measures to fulfill the terms of the contract. It is now seven months the house was sold. What is he stating as reason for not working as per the contract?
Miller
You should have taken steps much earlier to know the reason why he has not taken necessary measures to fulfill the terms of the contract. It is now seven months the house was sold. What is he stating as reason for not working as per the contract?
Miller
I thought that i was going to be sued. So I quick claimed a property that I owned with a friend. He is willing to sign my portion back to me. Is that possible ? and will I have to pay taxes again?
Hi Mary,
It's very much possible and more so because your friend is willing to transfer back the interest in property. Most people mdon't get it back once it is signed and that's often because of the person to whom they've transferred their property. But your friends seems to be a good guy.
This time you need not pay the taxes because you aren't quitclaiming the property; rather your friend is doing so. Hence he is the grantor here and hence he needs to pay the taxes, provided he does not qualify for exemption on the tax.
Good luck :)
It's very much possible and more so because your friend is willing to transfer back the interest in property. Most people mdon't get it back once it is signed and that's often because of the person to whom they've transferred their property. But your friends seems to be a good guy.
This time you need not pay the taxes because you aren't quitclaiming the property; rather your friend is doing so. Hence he is the grantor here and hence he needs to pay the taxes, provided he does not qualify for exemption on the tax.
Good luck :)
I recently had a business deal that fell through and my partner on the project signed a quit claim deed. However, his wife did not sign the paper and now I'm being told that she still has rights to the property. They have since moved out of state and are not returning any of my phone calls or emails. Is there anyway that I can get her removed from the title so that I can sell the property or are there any other options?
Hello D,
I think you have to convince her to sign the quit claim to get her name removed from it.
I think you have to convince her to sign the quit claim to get her name removed from it.
My niece gave her boyfriend a quit claim deed to a home that they had buying together because they were splitting up. He also signed a statement and had it notorized saying that he would give her 50%, when he sold it. In my opinon "when" could be never. In addition, he had verbally promised to give her money to move with and he didn't and then throw her out. How much does she have to rescind the "quit claim deed."
Hello Freda,
Does her boyfriend have 50% ownership of the property?
If that was granted by your niece with the help of a quit claim, he has ownership rights to the property.
If she wants to get back the complete ownership, they have to do a reverse quit claim. In this case, her boyfriend has to sign as the grantor with her name as the grantee and this can be done only if he is willing to do.
Does her boyfriend have 50% ownership of the property?
If that was granted by your niece with the help of a quit claim, he has ownership rights to the property.
If she wants to get back the complete ownership, they have to do a reverse quit claim. In this case, her boyfriend has to sign as the grantor with her name as the grantee and this can be done only if he is willing to do.
hi my name is tanisha, here's my situtation. my husband and i bought a home about 3yrs ago. we split up about 1yr ago, he was to keep the house.long story short he stopped paying the mortage so it was going under foreclosure. so he talked me into signing a quick claim withe a mortage company, so they could buy our home...well our mortage company turned them down. my question is do i have any rights to the house can i try to keep the house and get it out of forclousre. please help some one.
hello tanisha,
of course you can do that.
are you on both the title as well as on the mortgage?
if you are on the title, then you have ownership rights to the property. if not, you may negotiate with your husband to add your name to the title with the help of a quit claim deed.
if you are on the mortgage then you are equally responsible for making the monthly payments. if you are not on it and if you are willing to take the responsibility then you may refinance the mortgage in your name.
for that you should talk to the lender immediately and see if he is willing to work out any alternative payment option in order to avoid the foreclosure and catch up with the regular payments.
of course you can do that.
are you on both the title as well as on the mortgage?
if you are on the title, then you have ownership rights to the property. if not, you may negotiate with your husband to add your name to the title with the help of a quit claim deed.
if you are on the mortgage then you are equally responsible for making the monthly payments. if you are not on it and if you are willing to take the responsibility then you may refinance the mortgage in your name.
for that you should talk to the lender immediately and see if he is willing to work out any alternative payment option in order to avoid the foreclosure and catch up with the regular payments.
Hi Freda,
There is no recision period for a quit claim. Your friend will just have to wait until the home sells to get the equity that was promised.
There is no recision period for a quit claim. Your friend will just have to wait until the home sells to get the equity that was promised.
my husband and i went to buy a home during the signing of the paper work there was one paper i did not under stand... so i ask what it ment... i was told by the sells people that by signing it it just means he can not sell the home with out my say so...ect, so i did one month later my husband said i need to go and that i had no right.. at that point he showed me the quick claim and said that i signed it so i gave up my rights... what can i do if any thing for he has sold the home and i got nothing is this right
Christina,
Perhaps the sales people have made you sign the papers without informing you what it stated. You should have at least read through it. Anyway, lesson learnt so you won't do it again off course. But as of now, read through the deed once, say what it says and then if you think they've misinformed you and made you sign, then consult an attorney for any legal action. He will be the right person to help find a way by which you can get back the property.
Perhaps the sales people have made you sign the papers without informing you what it stated. You should have at least read through it. Anyway, lesson learnt so you won't do it again off course. But as of now, read through the deed once, say what it says and then if you think they've misinformed you and made you sign, then consult an attorney for any legal action. He will be the right person to help find a way by which you can get back the property.
My dad needed some money four years ago ,his cleaning lady's son in law ,loaned him 2,000.00 ,had him sign a quick claim,the house was free and clear (my dad said it was some papers),then ,the son-in -law took out a $75,000.00 mortgage,hasn't paid the taxes in three years...and my dad hasn't a clue what he did. :evil: