Clearing title on a piece of real estate without a signature from one of the property’s owners is a fairly complex legal issue with many variables, including the application of state laws.
Possible solutions include:
Quitclaim and Warranty Deed Questions
Answers to Frequently Asked Quitclaim, Warranty and Survivorship Deed Questions
If My Ex-Husband’s Name is On the Mortgage But Not the Deed and He Files Bankruptcy, Can I Lose My House?
It depends what steps you take in advance of his bankruptcy filing, and what the mortgage company chooses to do.
Generally, going through the refinancing process for any mortgage on a home when a quitclaim deed has been filed is the safest avenue for a homeowner to pursue. When a quitclaim deed is filed, the obligation within the mortgage documents changes essentially: from the couple jointly owning the property, to just one of the original individuals named in the deed. So the mortgage holder has one less person from which to collect payment, thus increasing their exposure.
How is a Mortgage Handled when a Quitclaim Deed is Used to Transfer Property Ownership?
Property can be transferred by way of Quitclaim Deed to another person, regardless of whether one or more mortgages exist on the property. However, there are several issues of which the both the Grantor (the person selling or transferring the property) and the Grantee (the buyer or person taking title to the property) must be aware.
Does a Deed or a Will Take Precedence for Ownership of Property after Death?
Precedence between a Deed and a Will depends upon how title to the property is held at the time of the death. But in general, ownership is dictated by a properly filed and recorded deed.
Can I Create a “Life Estate” Using a Last Will and Testament?
A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.
Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).
While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions
Can One Family Member Unilaterally Change a Survivorship Deed After It Is Recorded?
Without addressing issues regarding the transfer between family members or what may or may not have been “intended”, once a deed is signed and filed with the appropriate county land office, the property is deemed transferred.
Can the Grantor of a Quitclaim Deed “Take It Back”?
Once a deed is signed by the Grantor (the seller), provided to the Grantee (the buyer), and then recorded with the appropriate governmental office, the property deed cannot be taken back.
Does Each State Have Different Deed Forms?
Most states in the USA require the same “legal language” for the different types of Deeds that are most commonly used (be it a Quitclaim Deed, a Warranty Deed, a Survivorship Deed, etc.). But some states have specific language requirements, and that means the use of specialized state forms in those situations.
How Do I Add My Name to my Parent’s Deed?
As parents get older, many times a child of those parents will want to add his or her name to the Deed of the parent’s property.
How Do I Find the Permanent Parcel Number and the Prior Recording Dates for a Deed?
The parcel number and prior recording date should be contained on the existing Deed for the property. If you do not have a copy of the existing Deed, check with your county recorder’s office.