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Question: quit claim deed from (deceased) husband and wife

Posted on: 24th Jun, 2010 01:15 pm
i sold some raw land to an older couple a few years back. they wanted to retire and spend summers on the property. we had an owner financing deal where the couple made payments on the property to me through a third party.

well the husband has died and the widow does not want to keep making payments on the property or even keep the property. i would rather not foreclose on due to money constraints and was hoping a quit claim deed would work in this case.

i am thinking she could just sign over a quit-claim deed to me but the deceased husband is on title as well. how can a quit-claim be filed if there is a deceased person on the title? they did own the property jointly with rights of survivorship. is there another step in the process that i need to do?
Hi cruzhawk!

Welcome to forums!

The wife should first file an affidavit of heirship at the county recorder's office and get the property transferred in her name. Then she can sign a quit claim deed and transfer the property to you. Thus, you would become the owner of the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 24th Jun, 2010 08:28 pm
can i still quick claim a home that is behind to someone else i do not want anymore,cannot afford to kept
Posted on: 06th Oct, 2010 01:14 pm
hi alfay!

welcome to forums!

you can quit claim the property to someone else in order to get rid of it. however, it will not remove your name from the mortgage. you'll still be liable for the mortgage payments. you should ask the new owner to refinance the mortgage in his or her name. this will make the person liable for the loan and you'll not be responsible for paying it.

feel free to ask if you've further queries.

sussane
Posted on: 06th Oct, 2010 10:56 pm
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