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quit claim deed

Posted on: 17th Aug, 2010 04:41 pm
i was given a quit claim deed from my grandparents. the deed reads with full right of survivorship. it is my residence, and has been for three years. can i now be evicted from my grantor (grandparents). one grandparent is deceased.
Hi joe,

If you're are mentioned as one of the owners of the property in the deed, then your grandparent cannot evict you from the house. If he or she does so, it would be considered as illegal.

Thanks
Posted on: 17th Aug, 2010 09:07 pm
I appreciate the feedback! One thing I should add is that a paid a "rent" (although nothing was put in writing) for the first 2 years of occupancy after the deed was recorded. Do to circumstances I could not make any more of these payments. This is the reason grandparent (the grantor) wants to evict me.
Posted on: 17th Aug, 2010 09:16 pm
Hi Guest,

If you're mentioned as one of the owners of the property and if you don't have a formal agreement with your grandparent regarding the rent payments, then he or she won't be able to evict you from the property.

Thanks
Posted on: 17th Aug, 2010 10:53 pm
now my grandmother is claiming there is a lein or mortgage on the property. I went to the county building, and it shows none there. she is doing all she can to get me out.
Posted on: 16th Sep, 2010 05:05 pm
Hi joe!

Welcome back to forums!

If the county record's office shows that there's no lien on the property, then you own it free and clear. As your name is mentioned on the property deed, you won't be considered as the owner of the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 16th Sep, 2010 10:38 pm
Do you mean I will be considered owner of the property? I think she is trying to "make up" some kind lien just to get me out. she mentioned some "private lender" that she says wants money. I know she is completely making it up. She understands a quit claim deed as having no gaurantee on anything owed, so she is just making one up.
Posted on: 17th Sep, 2010 07:10 am
Hi joe,

If your name is mentioned on the property deed, then you will be considered as an owner of the property. She cannot transfer the property to someone else without your permission.

Thanks
Posted on: 19th Sep, 2010 10:33 pm
can you give a quit claim deed with a mortgage still on the property?
Posted on: 21st Sep, 2010 09:29 am
hi guest!

welcome to forums!

normally a quitclaim deed cannot be signed if there is a mortgage on the property. the new owner of the property will have to assume the loan or refinance it. at the closing of the loan, you can sign the quitclaim deed and transfer the property to the new owner.

feel free to ask if you've further queries.

sussane
Posted on: 21st Sep, 2010 10:42 pm
thanks for all the feedback! One more concern, if me and my grandmother are named in the deed, can she leave her interest in the property to someone else in her will or trust?
Posted on: 25th Sep, 2010 01:35 pm
Hi joe,

If your grandmother's name is mentioned on the property deed, then she can leave her share of the property to someone else in her will or trust.
Posted on: 26th Sep, 2010 10:23 pm
she claims to have found out there is a mortgage on the property. this is 4 years after we set up the deed with full rights of survivorship. I think she is trying to make up a phony loan from a "private party" based on the fact that when we did the quit claim deed it does not gaurantee she has it free and clear. She says it is a quit claim not a warranty deed. Can she get away with making something up just to get me out?
Posted on: 27th Sep, 2010 03:44 pm
Hi joe!

Welcome to forums!

She cannot make up things and ask you to leave the property. Your best option will be that you consult an attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane
Posted on: 27th Sep, 2010 10:25 pm
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