Posted on: 16th Jul, 2010 04:32 pm
my brother in law inherited his mother's house. an attorney did a quit claim deed on the property. he thinks it should have been a general warranty deed instead. he fears he doesn't have complete ownership.
Hi dsears,
If there is a mortgage on a property, then the property is transferred to someone else by using a quit claim deed. In such a situation, your brother in law needs to refinance the loan and pay off the dues and then he would own the property free and clear and will have full ownership to it.
However, if your brother in law's mother owned the property free and clear, then she could have transferred the property to him using the General Warranty deed.
Thanks
If there is a mortgage on a property, then the property is transferred to someone else by using a quit claim deed. In such a situation, your brother in law needs to refinance the loan and pay off the dues and then he would own the property free and clear and will have full ownership to it.
However, if your brother in law's mother owned the property free and clear, then she could have transferred the property to him using the General Warranty deed.
Thanks