Ask Terry Questions removing a person off my mortgage

removing a person off my mortgage

By Terry Savage on March 18, 2017 | Housing / Real Estate

I quick claim my property to someone six years ago to prevent losing it and am now requesting her name be taken off my deed and the mortgage she has never contributed to paying one penny towards the mortgage I think she now want get my home after my death please help me yes I've asked her to quick claim it back to me and she is now refusing what are options. The owner/grantor terminates (“quits”) any right and claim to the property, thereby allowing the right or claim to transfer to the recipient/grantee. Unlike most other property deeds, a quitclaim deed contains no title covenant and thus offers the grantee no warranty as to the status of the property title;[2] the grantee is entitled only to whatever interest the grantor actually possesses at the time the transfer occurs.[3] This means that the grantor does not guarantee that he or she actually owns any interest in the property at the time of the transfer,[4] or if he or she does own an interest, that the title is free and clear. It is, therefore, possible for a grantee to receive no actual interest, and – because a quitclaim deed offers no warranty – have no legal recourse to recover any losses. Further, if the grantor should acquire the property at a later date, the grantee is not entitled to take possession, because the grantee can only receive the interest the grantor held at the time the transfer occurred. So, you need a lawyer! Fast! If there was no written agreement that she would transfer her interest back to you at some specific date, you may be out of luck. But, again, you need legal advice from an attorney who specializes in real estate transfers in your state.

Terry Says

OK, you do have a problem.  For the benefit of my readers, here is the definition of a quit-claim: A quitclaim deed is a legal instrument which is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee.  



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