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what happens when if an institution gives a morgage on a house where someone else has a quick claim on the house?

Posted on: 05th Nov, 2010 03:44 pm
When my mother died I inherited a house which I quick claimed to a niece who then signed a quick claim to my brother as it was intended to be his but since his daughter would be living in it he wanted to make sure of tax benefits on living in the home...She somehow got a mortgage on the house without his permission which he was furious about...so much so that he cut off all with his daughter...she even moved out of the the house but kept up the mortgage and taxes, but told him he would be responsible for the large mortgage she took out if he excersised the claim, which he couldn't afford unles he sold ,which he didn't want to do, as he was hoping it would be his old age security blanket...He passed away due to the stress of the estrangement from his daughter..he revised his will and trust and everything he owned was left to me...How can she sell the house as I have paper "quick claim deed" from her to him...Shouldn't this cloud the title? She and her mother a both lawyers so they do the intimidation routine and think of things to try to circumvent the law...She is trying to sell the house now Which I found out about because I was checking the value of the property on websites such as zillow...What are our rights? Hers? the house is in california...
hi goodcree,

if the daughter has signed a quitclaim deed and transferred the property to your brother, then your deceased brother was the owner of the property. as he has left the property to you in his will, you can probate the will and claim the property. once you do so, then you can refinance the mortgage and pay off the dues in full. the daughter does not have any rights to the property.

thanks
Posted on: 05th Nov, 2010 08:08 pm
thanks for the reply...she had gotten the loan on the property after having signed the quick claim...so since that was done without his knowledge or approval, isn't the loan hers/
? as she shouldn't have been able to get a loan on that property, should she?...he had nothing to do with that loan, and if a bank gives a loan on a house without clear title shouldn't the loan be the responsibility on she who got the loan...?
thanks
Posted on: 05th Nov, 2010 10:52 pm
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