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2023-05-04
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Should I sign a quit claim deed before my ex refinances?
Most spouses are reluctant to sign a quitclaim deed for this reason, at least until they're sure that you have refinanced the mortgage, so they're no longer responsible for it. Your wife's attorney might actually advise her not to sign the deed until you've refinanced the mortgage.
Can I refinance with a quit claim deed?
Refinancing After Quitclaim Deed You'll be refinancing for the remainder of the mortgage, not the full amount paid when you purchased the house. If you can't qualify, selling the home may be the only option, if your mortgage company won't let you transfer the original mortgage to only your name.
Should I sign a quit claim deed before my ex refinanced?
Most spouses are reluctant to sign a quitclaim deed for this reason, at least until they're sure that you have refinanced the mortgage, so they're no longer responsible for it. Your wife's attorney might actually advise her not to sign the deed until you've refinanced the mortgage.
What happens to mortgage after quit claim deed?
If there is no mortgage, there is of course no way for the quitclaim deed to affect the mortgage. In some cases, the granter does have a mortgage while filing a quitclaim deed. The new owner will have the title of the property, but the original granter will still be liable for the outstanding mortgage.
Is it hard to sell a house with a quit claim deed?
It's an inexpensive way to transfer property, and, while an owner of a property acquired by quitclaim deed can't sell it without a clear title, the property can be sold later after a warranty deed is obtained. You can then buy title insurance and, with legal title, transfer the property through a warranty deed.
Do I need a lawyer for a quit claim deed?
A quit claim deed transfers the legal ownership of the property from one party to another, and doesn't require attorneys or legal help, unless you choose to consult an attorney.
What if my ex won't sign quit claim deed?
If your spouse refuses to sign the quitclaim deem there are a few options at your disposal: Seek contempt of court. You can also have the court issue an order to have the quitclaim signed by the clerk of court who can sign the document on your spouse's behalf. Reexamine the divorce decree language.
Do both parties have to sign quit claim deed?
No, in most states, the Grantee is not required to sign the Quitclaim Deed. However, some counties do require that the Quitclaim Deed be signed by the Grantee in addition to the Granter. Usually, a Quitclaim Deed is sent to the Grantee after it has been recorded.
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