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avoiding eficiency judgement

Posted on: 17th Mar, 2009 09:57 pm
My husband owes a property which my name is on the deed only and I want to transfer my right to him. What the easiest way to process with the quick claim since I have another property on short sale, I want to avoid any the deficiency judgement against my husband property.

T y
Hi jjeanpierre,

You can use a quit claim deed to transfer your interest in your husband's property to him. However, as the other proeprty is alreaady in the process of a short sale, I don't think you can quitclaim your interest at this point in time. The reason I doubt the possibility of such a transfer is that this kind of conveyance to avoid a deficiency judgment can be considered as fraudulent. The lender in such case will have the right to sue the grantor and reverse the deed.
Posted on: 18th Mar, 2009 12:24 am
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