An Executor has no authority to sign a Quitclaim Deed on behalf of a deceased person.
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.
No one can sign any legal document on behalf a deceased person.
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.
While some states have buyer remorse laws, but there are no ‘seller’s remorse’ statutes.
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.
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.
This is a complicated legal question, and one that is est answered by an examination of a state’s specific laws.
Typically a mortgage and a Deed are handled as separate but related entities in the matter of refinancing.
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.