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quitclaim deed

Posted on: 24th Oct, 2007 12:17 pm
I need advice regarding my present situation in which I co-own a property with my mother who is in extreme credit card debt, my question is, in the case of her death, can the creditors force me to sell the above-mentioned property? Should I have her complete a quitclaim deed now? Will this remedy the situation with regard to the creditors? Thank you. KH in NY
Hi,

If your mother sign a quitclaim deed and transfer the property to your name, then you shall own the property. In that case, the lenders can't force your mother to sell the property because she will not possess the property then.

Wishing you best of luck,
Larry
Posted on: 25th Oct, 2007 01:40 am
Hello,

If your mother quit claims her share of property to you, then it is safe.

Even without doing that, I think the creditors cannot force you to sell the property if it is not the collateral for the debt.
Posted on: 25th Oct, 2007 04:12 am
Hi,

This is an unsecured debt. So the creditor can't force you to sell the property. Creditor can place a lien on the property.

Through a quitclaim your mother can transfer the property to your name so that the creditor can't claim the property from your mother.
Posted on: 27th Oct, 2007 04:02 am
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