Posted on: 15th Apr, 2008 11:16 am
my mother recently had a stroke and has many doctor bills that she cant afford if i sign (her son) a quit claim deed and take her name off the the title of the house will tha prevent a lein on the house????
Welcome Chris.
I' sorry to hear about your mother's illness but i hope she'll get over with time. Now, as i understand from your post, is there a mortgage on the property and being unable to satisfy debt, does your mother want to quitclaim property to you in fear of a lien being placed? well, a quitclaim to you won't stop the lender from placing a lien.
However, if you get the property through quitclaim and pay on her behalf then the property can be retained as well as there'll be no lien on it. But prior to signng a quitclaim, you need to check out the terms in the loan contract - whether the contract permits your mother to transfer ownership rights or will the lender call the loan due entirely upon such a transfer.
Thanks.
I' sorry to hear about your mother's illness but i hope she'll get over with time. Now, as i understand from your post, is there a mortgage on the property and being unable to satisfy debt, does your mother want to quitclaim property to you in fear of a lien being placed? well, a quitclaim to you won't stop the lender from placing a lien.
However, if you get the property through quitclaim and pay on her behalf then the property can be retained as well as there'll be no lien on it. But prior to signng a quitclaim, you need to check out the terms in the loan contract - whether the contract permits your mother to transfer ownership rights or will the lender call the loan due entirely upon such a transfer.
Thanks.
Transferring an asset to avoid debt collection may be considered a fraudulent transfer and can be voided.
How about selling/refinancing the house to pay the debts?
How about selling/refinancing the house to pay the debts?
going to court to become represtative of mother estate found out quite claimdeed filed we have prove of fraudulent by expert can we represent our self
Hi miquela,
I think you can represent yourselves but the best thing is to hire an attorney as he'll be able to help you understand the legal aspects better.
I think you can represent yourselves but the best thing is to hire an attorney as he'll be able to help you understand the legal aspects better.
