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.

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If a Quitclaim Deed is Used to Grant Right-of-Way, Does Ownership of the Designated Land Change?

If the language of a Quitclaim Deed indicates that a right-of-way is being transferred to a Grantee — and the deed does not reserve for the Grantor any right to use the land or cause the Grantor to retain some ownership interest in the right-of-way — then the right-of-way becomes the property of the Grantee … Read more

If My Husband and I Own Real Estate in a Partnership with Others and I Want Out, Can We Simply Create a Quitclaim Deed?

A completed Quitclaim Deed signed by all of the listed owners of the current deed could certainly be used to transfer the property ownership as desired.

For such a document see, Standard Legal’s Quitclaim Deeds package.

But transferring the property ownership from both spouses to one would not necessarily change the nature of the ownership within the Partnership.

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Can I Sell a Property by Quitclaim Deed if One of the Currently Listed Owners is My Estranged Minor Son?

Completing a property sale using a Quitclaim Deed when one of the listed owners of that property is a minor who is not living in the parent’s home is a complicated issue with several variables.

The first issue is the minor’s ability to enter into a binding contract (i.e. the transfer of the property to a third party), as such contracts are voidable by the minor due to his age. But there are additional considerations and potential solutions.

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