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Quitclaim and Warranty Deed Questions

Answers to Frequently Asked Quitclaim, Warranty and Survivorship Deed Questions

If My Spouse Had a Home and Child Prior to our Marriage, Do I Get the Home If He Dies?

March 17, 2014 by Standard Legal

The answer to this question would depend on a number of factors:

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Categories Last Will and Testament Questions, Quitclaim and Warranty Deed Questions

Can an Will’s Executor Use a Quitclaim Deed to Transfer Listed Property?

March 16, 2014 by Standard Legal

An Executor has no authority to sign a Quitclaim Deed on behalf of a deceased person.

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Categories Last Will and Testament Questions, Quitclaim and Warranty Deed Questions

If a Home is Owned Jointly and One Person Takes Out a Mortgage That Goes Unpaid, Can the Lender Foreclose on the Entire House?

January 27, 2014 by Standard Legal

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.

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Categories For Sale by Owner Home Sale Questions, Quitclaim and Warranty Deed Questions

If the Grantor is Deceased, Who Signs a Quitclaim Deed?

January 8, 2014 by Standard Legal

No one can sign any legal document on behalf a deceased person.

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Categories Quitclaim and Warranty Deed Questions

How Do I Transfer Assets from my Deceased Parents’ Trust to Myself?

November 26, 2013 by Standard Legal

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.

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Categories Living Trust Questions, Quitclaim and Warranty Deed Questions

Can I Change My Mind About Real Estate I Just Sold?

August 15, 2013 by Standard Legal

While some states have buyer remorse laws, but there are no ‘seller’s remorse’ statutes.

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Categories For Sale by Owner Home Sale Questions, Land Contract Questions, Quitclaim and Warranty Deed Questions

Does a Property Buyer Have to Honor an Existing Lease in a Short Sale?

June 7, 2013 by Standard Legal

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.

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Categories For Sale by Owner Home Sale Questions, Quitclaim and Warranty Deed Questions

How Does a Wife Take Over a Home Willed to Her When Only the Husband’s Name Was On the Deed?

May 22, 2013 by Standard Legal

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.

Categories Last Will and Testament Questions, Quitclaim and Warranty Deed Questions

If a Term Within the Real Estate Sales Agreement is Not Included Within the Deed, Which is Enforced?

April 29, 2013 by Standard Legal

This is a complicated legal question, and one that is est answered by an examination of a state’s specific laws.

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Categories For Sale by Owner Home Sale Questions, Land Contract Questions, Quitclaim and Warranty Deed Questions

If I Refinance a Home My Wife Quitclaimed to Me Solely, Does a New Mortgage Void the Quitclaim?

February 26, 2013 by Standard Legal

Typically a mortgage and a Deed are handled as separate but related entities in the matter of refinancing.

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Categories Quitclaim and Warranty Deed Questions
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