Posted on: 01st May, 2007 01:42 pm
my husband and i have purchased a house in which our son will rent from us. we would like to do a quit claim deed and have the house put in his name. in about 6 months he will refinance and have the mortgage put in his name. his credit scores were not high enough at the time of purchase for him to purchase the house himself. we were told to have him pay us rent for 6 months proving that he could pay for the house himself.
my question is do we need an atty to file a quit claim deed or can we do one then register it with the county to get his name on the title. thanks
c doney
my question is do we need an atty to file a quit claim deed or can we do one then register it with the county to get his name on the title. thanks
c doney
can a quit claim deed be done without an attorney? just file with county?
transfer from parents to son leaving mortgage in parents name until such time son can mortgage himself.
transfer from parents to son leaving mortgage in parents name until such time son can mortgage himself.
Hi Doney,
You can do it yourself, after making the deed, get it notarized and recorded with the county recorder's office.
You can do it yourself, after making the deed, get it notarized and recorded with the county recorder's office.
Hi Doney,
I would say taking help of an attorney is much better than doing it all by yourself. As you might not be aware of what legal points are needed to be added to the deed as applicable in your state or being are necessary to be added as per any new legal requirement. It will help to give you assurance that the transfer has been done correctly and there would be no problems in the future.
Before the transfer is done please make sure to inform the lender about it as there will be change in title ownership, and you need to know if he will allow the mortgage to remain in your name while title is transferred in your son's name.
Colin
I would say taking help of an attorney is much better than doing it all by yourself. As you might not be aware of what legal points are needed to be added to the deed as applicable in your state or being are necessary to be added as per any new legal requirement. It will help to give you assurance that the transfer has been done correctly and there would be no problems in the future.
Before the transfer is done please make sure to inform the lender about it as there will be change in title ownership, and you need to know if he will allow the mortgage to remain in your name while title is transferred in your son's name.
Colin
I too would say taking help of an attorney would be a good idea. It won't cost a lot but will help leave no scope for any error that may happen if you do it on your own. Wade
Hi Ollie,
Welcome to our community forums.
I usually advise people to go for an attorney. This is because he is a legal professional and aware of any complication that may develop if the language in a deed is slightly different from what you actually mean. In law, the language is very important as it expresses what you wish to get legally.
No doubt, you can get several quitclaim deed forms available online. But it is better that you get it checked by an attorney. Moreover, each state has different laws and as such the quitclaim forms vary from one state to another. Until and unless, you use a deed that is approved by your state laws, it will not be a valid one.
By the way, in which state do you reside? What you can do is, go through our State-wise listing of quitclaim forms and find out if you can get one that applies to your state. Then get it verified by your attorney and if required, he will help you to formulate the language in the deed in case you need to add any extra information on the deed.
Hope I have been able to help you.
Regards,
Jessica.
Welcome to our community forums.
I usually advise people to go for an attorney. This is because he is a legal professional and aware of any complication that may develop if the language in a deed is slightly different from what you actually mean. In law, the language is very important as it expresses what you wish to get legally.
No doubt, you can get several quitclaim deed forms available online. But it is better that you get it checked by an attorney. Moreover, each state has different laws and as such the quitclaim forms vary from one state to another. Until and unless, you use a deed that is approved by your state laws, it will not be a valid one.
By the way, in which state do you reside? What you can do is, go through our State-wise listing of quitclaim forms and find out if you can get one that applies to your state. Then get it verified by your attorney and if required, he will help you to formulate the language in the deed in case you need to add any extra information on the deed.
Hope I have been able to help you.
Regards,
Jessica.
