Posted on: 12th Aug, 2007 04:18 pm
:?:
Hello,
I am about to start divorce proceedings.
My husband and I own 3, side by side, empty lots of land. The house that was on one lot was burnt down last year. There is a mortage on the property/ies(house that is now gone) but the loan isnt in my name. It was taken out by my husband and a mutual friend who is also on the titles/deeds of the property.
I signed off my rights to it the day they applied and the company would never give me any information on whether the payments were being made either in person or on the phone as they said I wasnt on the loan, so it was a matter of privacy -even though Im his wife.
Since the house was burnt down, the mutual friend had moved out long ago, no one has been living there for a year.
I have to keep the grass cut and the lots cleaned up or I get fined by the city. Neither of the other two owners are willing to help with that, one is not even in the state to do so. The properties are also in Tax lien.
Id like to know if a quitclaim deed would allow me to get on with my life.
I want to move to a different state asap without having to worry about who is cutting the grass, paying the property taxes and the horrendous city fines which can accrue $300.00 every ticket if someone dumps tires on the property or the grass doesnt get cut. Is a quitclaim the same as getting my name off the three titles/deeds? I just want to be done with it, I have no interest in the property whatsoever.
Thank you for any information or help, Im in Ohio btw.
Hello,
I am about to start divorce proceedings.
My husband and I own 3, side by side, empty lots of land. The house that was on one lot was burnt down last year. There is a mortage on the property/ies(house that is now gone) but the loan isnt in my name. It was taken out by my husband and a mutual friend who is also on the titles/deeds of the property.
I signed off my rights to it the day they applied and the company would never give me any information on whether the payments were being made either in person or on the phone as they said I wasnt on the loan, so it was a matter of privacy -even though Im his wife.
Since the house was burnt down, the mutual friend had moved out long ago, no one has been living there for a year.
I have to keep the grass cut and the lots cleaned up or I get fined by the city. Neither of the other two owners are willing to help with that, one is not even in the state to do so. The properties are also in Tax lien.
Id like to know if a quitclaim deed would allow me to get on with my life.
I want to move to a different state asap without having to worry about who is cutting the grass, paying the property taxes and the horrendous city fines which can accrue $300.00 every ticket if someone dumps tires on the property or the grass doesnt get cut. Is a quitclaim the same as getting my name off the three titles/deeds? I just want to be done with it, I have no interest in the property whatsoever.
Thank you for any information or help, Im in Ohio btw.
Hi spidereggs,
If you are not in the title or even not in the mortgage loan, then you are not liable for any payment related to this property.
If you are not in the title or even not in the mortgage loan, then you are not liable for any payment related to this property.
Hi Spidereggs,
What you exactly want to know is not very clear from the post.
You have mentioned that you have already signed off your rights to the property and you are also not on the loan. Then, why are you worrying for the payment of the loan? It is the sole responsibility of your husband and his friend to pay off the loan.
Please provide specific information so that I could help you further.
What you exactly want to know is not very clear from the post.
You have mentioned that you have already signed off your rights to the property and you are also not on the loan. Then, why are you worrying for the payment of the loan? It is the sole responsibility of your husband and his friend to pay off the loan.
Please provide specific information so that I could help you further.
What Im trying to say is that the house was put directly into our names.
(no Bank loan to buy the house) It was bought with cash.
We then have a house and lot directly in all 3 of our names.
My husband and mutual friend decided to get a loan/mortage against the property (to consolidate their bills & buy the other two empty lots)
-I went with them and since I had no credit I didnt apply with them but the loan company had me sign something that they explained as " if they didnt make payments, the house & property would then go into foreclosure, the loan company could take the house and sell it. They explained it as me signing my share of the house to them incase this happened and they had to foreclose."
I dont believe this was a quitclaim but something to the idea that if foreclosure happened I would be unable to make payments or otherwise stop the company from selling the property. To this day if I walk into that loan company and ask them anything about the loan they will check the computer and tell me they cannot give out any information because I am not on the loan. ( even being the wife ) They have even hung up on me on the phone. Whatever I signed didnt release my name from any titles as far as I can tell by how things have been happening.
I am definately still on the properties titles/deeds even though the house is burnt down, and the loan payments have stopped being made. The company hasnt bothered filing anything, as there is nothing there but an empty lot and Ive been downtown and there is no lien on the property except for property taxes.
I am being held directly responsible for whether the grass is cut or if the property is cleaned up by the city, if I was no longer on any of the deeds this wouldnt be happening as far as I know, and thats why I came here to ask. Im going back downtown today to get duplicate titles and or deeds I need for the divorce but its one huge mess and Im not sure I can explain it any better.
Im not worried about the payment of the loan( taken against the property). I could care less. I added that information only because it seemed inclusive.
Basically- Im on three titles/deeds to 3 empty lots of land, one of which there is a loan taken against that has nothing to do with me. And my question is will a quitclaim remove me from the titles so Im no longer responsible for the maintenance of the land?
Thank you so far for the replies =) Sorry if Im confusing but as you can see Im confused.
(no Bank loan to buy the house) It was bought with cash.
We then have a house and lot directly in all 3 of our names.
My husband and mutual friend decided to get a loan/mortage against the property (to consolidate their bills & buy the other two empty lots)
-I went with them and since I had no credit I didnt apply with them but the loan company had me sign something that they explained as " if they didnt make payments, the house & property would then go into foreclosure, the loan company could take the house and sell it. They explained it as me signing my share of the house to them incase this happened and they had to foreclose."
I dont believe this was a quitclaim but something to the idea that if foreclosure happened I would be unable to make payments or otherwise stop the company from selling the property. To this day if I walk into that loan company and ask them anything about the loan they will check the computer and tell me they cannot give out any information because I am not on the loan. ( even being the wife ) They have even hung up on me on the phone. Whatever I signed didnt release my name from any titles as far as I can tell by how things have been happening.
I am definately still on the properties titles/deeds even though the house is burnt down, and the loan payments have stopped being made. The company hasnt bothered filing anything, as there is nothing there but an empty lot and Ive been downtown and there is no lien on the property except for property taxes.
I am being held directly responsible for whether the grass is cut or if the property is cleaned up by the city, if I was no longer on any of the deeds this wouldnt be happening as far as I know, and thats why I came here to ask. Im going back downtown today to get duplicate titles and or deeds I need for the divorce but its one huge mess and Im not sure I can explain it any better.
Im not worried about the payment of the loan( taken against the property). I could care less. I added that information only because it seemed inclusive.
Basically- Im on three titles/deeds to 3 empty lots of land, one of which there is a loan taken against that has nothing to do with me. And my question is will a quitclaim remove me from the titles so Im no longer responsible for the maintenance of the land?
Thank you so far for the replies =) Sorry if Im confusing but as you can see Im confused.
Hi Spidereggs,
Welcome back to the forum.
A quitclaim deed will help to remove you from the title of the property. Once you give up your interest in the property with the deed, you will no longer be responsible for any of the maintenance related to the land. But you have mentioned that there is a tax lien on the property. So you won't be able to quitclaim the property until and unless you pay off the lien.
Moreover, since neither of your husband or his mutual friend is paying off the loan and the property taxes, it is quite likely that they may not accept the quitclaim from you. Without their acceptance the deed may not be properly valid. In that case, I really doubt if the quitclaim deed will be affective for you or not.
It is better if you consult with a lawyer and ask for a suggestion.
Welcome back to the forum.
A quitclaim deed will help to remove you from the title of the property. Once you give up your interest in the property with the deed, you will no longer be responsible for any of the maintenance related to the land. But you have mentioned that there is a tax lien on the property. So you won't be able to quitclaim the property until and unless you pay off the lien.
Moreover, since neither of your husband or his mutual friend is paying off the loan and the property taxes, it is quite likely that they may not accept the quitclaim from you. Without their acceptance the deed may not be properly valid. In that case, I really doubt if the quitclaim deed will be affective for you or not.
It is better if you consult with a lawyer and ask for a suggestion.
Thank you Larry, I have a better understanding now. I know my husband will accept the quitclaim, but not sure about the other. Ill talk to my lawyer once I get the rest of my paperwork together.
Thank you again.
Thank you again.
Hi Spidereggs,
Welcome to Mortgagefit discussion board.
"Whatever I signed didnt release my name from any titles as far as I can tell by how things have been happening.
I am definately still on the properties titles/deeds even though the house is burnt down"
What makes you certain that you are still on the title even after having the quit claim deed?
To be sure if you are still on the title or not, visit your county recorder's office and go through the title documents stored there. You will be able to know who are listed as present owners of the property.
But I think you are not on the title as at the time they took the mortgage you were asked to sign a deed (most likely a quit claim deed) to transfer whatever interest you had in the property over in their name so that they can take the mortgage with full ownership and qualify for a higher loan amount.
"I am being held directly responsible for whether the grass is cut or if the property is cleaned up by the city, if I was no longer on any of the deeds this wouldnt be happening as far as I know"
The reason you are being directly held responsible for all these as all know you are living there and all 3 of you owned the property together. But they don't know that at the time loan was taken you were removed from the title. As I said check the title records at the county recorder's office and you will be able to know who owns the property currently.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
"Whatever I signed didnt release my name from any titles as far as I can tell by how things have been happening.
I am definately still on the properties titles/deeds even though the house is burnt down"
What makes you certain that you are still on the title even after having the quit claim deed?
To be sure if you are still on the title or not, visit your county recorder's office and go through the title documents stored there. You will be able to know who are listed as present owners of the property.
But I think you are not on the title as at the time they took the mortgage you were asked to sign a deed (most likely a quit claim deed) to transfer whatever interest you had in the property over in their name so that they can take the mortgage with full ownership and qualify for a higher loan amount.
"I am being held directly responsible for whether the grass is cut or if the property is cleaned up by the city, if I was no longer on any of the deeds this wouldnt be happening as far as I know"
The reason you are being directly held responsible for all these as all know you are living there and all 3 of you owned the property together. But they don't know that at the time loan was taken you were removed from the title. As I said check the title records at the county recorder's office and you will be able to know who owns the property currently.
Do let me know if you have any other questions.
Thanks
Blue