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What form do I use Quit Claim or Warrenty Deed

Posted on: 06th May, 2010 01:51 pm
our mother passed away about seven yrs. ago, without leaving a will. there is a home improvement loan on the house from the city of el paso, tx. nobody was living at the residence for a couple of years, just about a couple of months ago some of the siblings made arragements to pay the delinquent taxes and home improvement loan in monthly payments. we are six siblings in agreement to give our interest to one sibling. the question is do we use a warrenty deed or a quit claim deed? this i ask because of the loan on the house
Hi dpinela!

Welcome to forums!

You and your siblings will have to file an affidavit of heirship in order to get the property transferred in your names. After that is done, then you and your other siblings can file a quit claim deed and transfer the property to one of the sibling. If there is no lien or mortgage on the property, then you can use a warranty deed to transfer the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 06th May, 2010 09:25 pm
Hello Sussane, so let me get this right. I already filed the Affidavit of heirship, so I will have to use the Quit Claim Deed because of the loan and the deliquent taxes? After this is done will the title be put in the name of the chosen sibling? Thank you!
Posted on: 07th May, 2010 09:39 am
Hi dpinela,

As the property is in your siblings and your name, you will now be able to transfer the property to your sibling using a quit claim deed. As there is a loan and back taxes on the property, you will have to use a quit claim deed in order to transfer the property to one of your siblings.

Thanks
Posted on: 07th May, 2010 10:36 pm
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