Posted on: 05th Dec, 2008 12:04 pm
mother who passed away recently, had previously issued a quit claim deed to a child. the house had already been paid for at her death and to my knowledge no liens. the wording on the quit claim deed is as follows:
does hereby quit claim her right, title and interest unit the said parties of the second part in the following description, to wit:
it then lists the details of the property after "to wit" and at the bottom of that verbage states:
the purpose of this quit claim deed is to add the son, xxxxx to title.
does this mean the son has whole or part ownership?
if the son has whole ownership and there was a lien taken out before the quit claim, does lienholder have rights to the house? personal property? what if a lien is was taken after?
if you get a loan and use your home as collaterol is this what constitutes someone being able to put lien against your home?
thank you for help!
does hereby quit claim her right, title and interest unit the said parties of the second part in the following description, to wit:
it then lists the details of the property after "to wit" and at the bottom of that verbage states:
the purpose of this quit claim deed is to add the son, xxxxx to title.
does this mean the son has whole or part ownership?
if the son has whole ownership and there was a lien taken out before the quit claim, does lienholder have rights to the house? personal property? what if a lien is was taken after?
if you get a loan and use your home as collaterol is this what constitutes someone being able to put lien against your home?
thank you for help!
Hi jsbates!
Welcome to forums!
"The purpose of this Quit Claim Deed is to add the son, xxxxx to title."
According to this statement, I think, the son has a part ownership in the property. You have mentioned that as per your knowledge there is no lien on the property. So if there is no lien on the property, the question of lien holder will not arise. Moreover lien cannot be taken out. it has to be placed on the property. Yes, liens can be placed against both personal property and the house.
Yes, if the home is considered as a collateral against a loan, then the lender has the right to place liens on the property if you do not pay the mortgage dues.
As you have mentioned that the mother has passed away recently, then the son can file an affidavit of heirship and transfer his mother's portion of the property in his name.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
"The purpose of this Quit Claim Deed is to add the son, xxxxx to title."
According to this statement, I think, the son has a part ownership in the property. You have mentioned that as per your knowledge there is no lien on the property. So if there is no lien on the property, the question of lien holder will not arise. Moreover lien cannot be taken out. it has to be placed on the property. Yes, liens can be placed against both personal property and the house.
Yes, if the home is considered as a collateral against a loan, then the lender has the right to place liens on the property if you do not pay the mortgage dues.
As you have mentioned that the mother has passed away recently, then the son can file an affidavit of heirship and transfer his mother's portion of the property in his name.
Feel free to ask if you have further queries.
Sussane
Who are the Grantees of the Quitclaim deed. If it is to you alone, you are the owner. If it is to you and your mother, it is to both of you.
A quitclaim deed does not transfer title. It only renounces title by the Grantor. Thus, if there are others on the title, they still hold a property interest.
If a property is transferred before a lien is placed. The lien is not valid on the subsequent title holder, but ONLY IF the deed was recorded in the county office. That is why it is important to file deeds: to give notice to subsequent lienholders. If the deed was not filed, the lien stays.
A quitclaim deed does not transfer title. It only renounces title by the Grantor. Thus, if there are others on the title, they still hold a property interest.
If a property is transferred before a lien is placed. The lien is not valid on the subsequent title holder, but ONLY IF the deed was recorded in the county office. That is why it is important to file deeds: to give notice to subsequent lienholders. If the deed was not filed, the lien stays.
