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What is the difference between quitclaim and mortgage deed?

Posted on: 26th Feb, 2008 04:23 pm
we need to get out of debt fast and our inlaws have agreed to "buy us out" of our half of a duplex that we purchased together a few years ago. they still live in one half, we have moved out and are renting it out. can we legally get out of this mortgage with a quit claim deed? (this is what my in-laws are suggesting) or do i need a mortgage or grant deed?
Hi Zoe,

If you have signed the mortgage documents, then you would be held responsible for the payments. If you do not pay the mortgage dues, the lender will foreclose the property. This will badly effect your credit report. As you are facing hardship in paying of the mortgage dues, you should contact your lender and check out whether you could short sale the property or go for a deed in lieu of foreclosure.
Posted on: 06th Apr, 2009 11:52 pm
zoe, part of the above answer to you is correct. since you are an owner of the property, you are responsible to uphold the covenants that are contained in the mortgage deed. that doesn't specifically include making the payments, but if you don't pay, nobody else is going to; and the lender will end up taking foreclosure action to take their collateral (the house). by all means, you need to be in conversation with the lender to see what arrangements you may be able to make. if you have an attorney to work with you, that's to your benefit.

if you do not have an attorney, you can find a non-profit organization to work with you by checking on the hud.gov website (the urban league, which is all over the country, is one such organization, for example).
Posted on: 07th Apr, 2009 01:12 pm
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