Posted on: 06th Nov, 2009 07:13 pm
i got a divorce and signed a quit claim deed but i am still on the 3 year old mortgage of 99,000. now my ex died his 15 year old inherits it and it's doomed to go into foreclosure and i am looking for a loop hole to get the deed back in my name so i can take care of my financial responsibility to the promisory note
hi jdjanet,
there is not way to reverse the quitclaim deed at this point in time. if you signed the deed and it was notarized and recorded, it is still legally valid. you can talk to the current legal owner of the property to see if he is willing to sign over the property to you. you can then refinance the property in your name or you can assume the loan and take over the financial responsibility.
there is not way to reverse the quitclaim deed at this point in time. if you signed the deed and it was notarized and recorded, it is still legally valid. you can talk to the current legal owner of the property to see if he is willing to sign over the property to you. you can then refinance the property in your name or you can assume the loan and take over the financial responsibility.
I did ask her guardian to do that but they did not give me an answer and I feel they will let it go into forcloser, because her guardian said they can't pay it and they won't answer my phone calls. So I thought their may be some way to obtain it if the inheriter is not taking care of it. Don't I have a legal responsibility to try and obtain my original responsiblity since the death of one person on a loan?
Hi,
You don't have any interest in the property as you've relinquished your ownership rights through the quitclaim deed. But you do have a legal responsibility towards the mortgage. If you want to take over the mortgage responsibility, you can continue to make monthly payments. But that will not serve you any purpose unless you have an interest in the property. I think talking with the current owner(s) is the only option for you. You need to convince them that letting the property go into foreclosure will not do anyone good and it would be better if you take over the home and the mortgage to avoid the foreclosure.
You don't have any interest in the property as you've relinquished your ownership rights through the quitclaim deed. But you do have a legal responsibility towards the mortgage. If you want to take over the mortgage responsibility, you can continue to make monthly payments. But that will not serve you any purpose unless you have an interest in the property. I think talking with the current owner(s) is the only option for you. You need to convince them that letting the property go into foreclosure will not do anyone good and it would be better if you take over the home and the mortgage to avoid the foreclosure.
can this work and how
Hi bob,
You can sign the property over to the bank through a quitclaim deed. It can work and the lender may sell off the property through a foreclosure auction. You will be liable for paying any deficient balance resulting from the sale of the property to the lender.
You can sign the property over to the bank through a quitclaim deed. It can work and the lender may sell off the property through a foreclosure auction. You will be liable for paying any deficient balance resulting from the sale of the property to the lender.