Providing mortgage payments on a property is not the same as revising the Deed for a property, and it is a Deed that designates ownership. [ Read More... →]
Quitclaim and Warranty Deed Questions
If I Made Mortgage Payments on My Parents’ House, Does a Will Still Divide Ownership Equally Among All Siblings?
In most states, evidence of the death of a joint owner on a Survivorship Deed (i.e. a certified copy of a death certificate) must be filed with the county records office, along with an affidavit or other sworn statement indicating that the surviving joint owner is the sole survivor and now sole owner of the property. [ Read More... →]
Quitclaim and Warranty Deed Questions · July 18th, 2014
To split an existing real estate parcel for transfer to new owners, the new parcels must first be created legally. [ Read More... →]
Quitclaim and Warranty Deed Questions · May 23rd, 2014
A Beneficiary Deed is a transfer-on-death instrument. That means when this form of Deed is used in conjunction with a Last Will and Testament, probate is avoided. [ Read More... →]
If a real estate property has been properly assigned via Quitclaim Deed to any other person, that property is no longer an asset of the person who gave it away. [ Read More... →]
A Quitclaim Deed cannot be used for a vehicle, only real estate property. A vehicle is transferred by vehicle title through the BMV. [ Read More... →]
The answer to this question would depend on a number of factors: [ Read More... →]
An Executor has no authority to sign a Quitclaim Deed on behalf of a deceased person. [ Read More... →]
If a Home is Owned Jointly and One Person Takes Out a Mortgage That Goes Unpaid, Can the Lender Foreclose on the Entire House?
If payments are missed on a loan that is secured by a mortgage, the lender secured for the mortgage can file a foreclosure action. But the language of the title and the mortgage documents are critical to how the lender may proceed. [ Read More... →]
No one can sign any legal document on behalf a deceased person. [ Read More... →]
Quitclaim and Warranty Deed Questions · January 8th, 2014
If a Living Trust document allows the property it holds to be distributed to the heirs following the death of the donors, the Trustee named in the Trust would simply execute a Quitclaim Deed transferring title of the property from the Trust to the beneficiary or beneficiaries named in the Trust. [ Read More... →]
While some states have buyer remorse laws, but there are no ‘seller’s remorse’ statutes. [ Read More... →]
A potential buyer or a new owner of a property — be it short sale or standard purchase — must honor an existing lease agreement unless that lease agreement specifically contains a provision for the termination of the lease in the case of sale. [ Read More... →]
In most states, a Probate Estate would need to be opened so that the probate court could issue an order transferring title to the sole beneficiaries’ name.
Most states have an expedited or summary process if the assets to be probated are limited.
If a Term Within the Real Estate Sales Agreement is Not Included Within the Deed, Which is Enforced?
This is a complicated legal question, and one that is est answered by an examination of a state’s specific laws. [ Read More... →]
Typically a mortgage and a Deed are handled as separate but related entities in the matter of refinancing. [ Read More... →]
Quitclaim and Warranty Deed Questions · February 26th, 2013
If Multiple Persons Own a Property and One Does Not Wish to Sell, Can the Majority Vote to Sell Anyway?
Absent an agreement amongst all of the owners, a “majority vote” cannot compel the sale of a person’s ownership interest in a property against his or her will.
But there is another option available to move the process forward for all parties. [ Read More... →]
On a Deed Listing My Deceased Father or Myself as Owners, Can I Use the Death Certificate to Revise and Add My Grandson?
Based solely on the information provided, it is difficult to determine how title to the real estate was owned, or how it can be transferred going forward.
Specifically, the “or” language may be at issue. [ Read More... →]
Quitclaim and Warranty Deed Questions · January 16th, 2013
If I Quitclaimed Our House to My Ex-Husband in Divorce, and He Just Died Without a Will, is the Quitclaim Deed Void?
Properly signed and notarized Quitclaim Deeds are generally unaffected by death. [ Read More... →]
If Our House Was Taken In Lieu of Foreclosure, Do We List the Mortgage as an Unsecured Debt in a Bankruptcy Filing?
When a foreclosure occurs because a loan is in default, the foreclosure lawsuit and ultimate sheriff’s sale “strips” the mortgage(s) from the property, either by paying it off in full or part from the sale proceeds (or in the case of second and third mortgages, by paying a percentage or perhaps none at all).
This is done so that any new purchaser of the property can take ownership free and clear without any encumbrances. [ Read More... →]