Foreclosure in Los Angeles>Question Details

Anthony Perez, Real Estate Pro in Northridge, CA

How could a quitclaim deed help??

Asked by Anthony Perez, Northridge, CA Fri Dec 31, 2010

In case of possible foreclosure?

Is bankruptcy an option?

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Answers

16
crussel4’s answer
I am to understand after researching the subject that it may save you a lot of headaches. Transfer the deed back to the lender using a quitclaim deed as a precaution should the lender not follow thru on the forclosure resulting in a zombie forclosure situation. The quitclaim deed will keep the liability of the maintenance of the property the legal responsibility of the lender, where it should be.
The zombie forclosure situation is becoming more and more common, read this article:
Special Report: The latest foreclosure horror: the zombie title

By Michelle Conlin

COLUMBUS, Ohio | Thu Jan 10, 2013 7:31am EST

COLUMBUS, Ohio (Reuters) - Joseph Keller doesn't expect he'll live to see the end of 2013. He blames the house at 190 Avondale Avenue.

Five years ago, Keller, 10 months behind on his mortgage payments, received notice of a foreclosure judgment from JP Morgan Chase. In a few weeks, the bank said, his three-story house with gray vinyl siding in Columbus, Ohio, would be put up for auction at a sheriff's sale.

The 58-year-old former social worker and his wife, Jennifer, packed up their home of 13 years and moved in with their daughter. Joseph thought he would never have anything to do with the house again. And for about a year, he didn't.

Then it started to stalk him.

First, in 2010, the county sued Keller because the house, already picked clean by scavengers, was in a shambles, its hanging gutters and collapsed garage in violation of local housing code. Then the tax collector started sending Keller notices about mounting back taxes, sewer fees and bills for weed and waste removal. And last year, Chase's debt collector began pressing Keller to pay his mortgage, which had swollen, with penalties and fees, from $62,100.27 to $84,194.69.

The worst news came last January, when the Social Security Administration rejected Keller's application for disability benefits; the "asset" on Avondale Avenue rendered him ineligible. Keller's medical problems include advanced liver disease, hepatitis C and inactive tuberculosis. Without disability coverage, he can't get the liver transplant he needs to stay alive.

"I can't make it end," says Keller. "This house, I can't get out."

Keller continues to bear responsibility for the house because on December 23, 2008 - about two months after he received Chase's notice of sale - the bank filed to dismiss the foreclosure judgment and the order of sale. Chase said it sent Keller a copy of its court filing on December 9, 2008. Keller says he never received any notification. Either way, his name remained on the property title.

WITH IMPUNITY

The Kellers are caught up in a little-known horror of the U.S. housing bust: the zombie title. Six years in, thousands of homeowners are finding themselves legally liable for houses they didn't know they still owned after banks decided it wasn't worth their while to complete foreclosures on them. With impunity, banks have been walking away from foreclosures much the way some homeowners walked away from their mortgages when the housing market first crashed.

"The banks are just deciding not to foreclose, even though the homeowners never caught up with their payments," says Daren Blomquist, vice president at RealtyTrac, a real-estate information company in Irvine, California.

Since 2006, 10 million homes have fallen into foreclosure, according to RealtyTrac, a number that in earlier, more stable times would have taken nearly two decades to reach. Of those foreclosures, more than 2 million have never come out. Some may be occupied by owners who have been living gratis. Others have been caught up in what is now known as the robo-signing scandal, when banks spun out reams of fraudulent documents to foreclose quickly on as many homeowners as they could.

And then there are cases like the Kellers, in which homeowners moved out after receiving notice of a foreclosure sale, thinking they were leaving the house in bank hands. No national databases track zombie titles. But dozens of housing court judges, code enforcement officials, lawyers and other professionals involved in foreclosures across the country tell Reuters that these titles number in the many thousands, and that the problem is worsening.

"There are thousands of foreclosures in limbo, just hanging out there, just sitting, with nothing being done," says Cleveland Housing Court Judge Raymond Pianka, whose pending court cas
0 votes Thank Flag Link Thu Jan 10, 2013
When you sign a quitclaim deed, you do exactly what it sound like -- you quit your claim to a piece of property. The deed transfers your interest to someone else, even if you don’t actually have an interest to convey.

Web Reference: http://ForeclosureIQ.com
0 votes Thank Flag Link Tue Aug 18, 2015
There is no question here. Do you mean you aren't paying your loan and want to scam the lender by quitclaiming the deed to some other party? If so, no. That won't help. Assuming my assumption is accurate, bankruptcy won't help either.
0 votes Thank Flag Link Mon May 19, 2014
I was discharged in Bankruptcy (Chapter 7) in July 2011. Chase bank and a second mortgagor were the mortgagors on my home in Wisconsin, and the notes were discharged. Chase has twice started judicial foreclosure and twice dismissed without prejudice. I want this matter behind me.

Would conveying the property to Chase Bank via Quit Claim deed be legal in Wisconsin, and successfully give title to Chase.
0 votes Thank Flag Link Sun May 18, 2014
that would not help. Sure, you can do it but, to do it right, you would need to do a deed in lieu of foreclosure instead of a quitclaim. That isn't probable though if there are two liens.

Also, what do you mean put it behind you. You already did with your discharge.
Flag Mon May 19, 2014
If you signing a quitclaim deed because you are in foreclosure I am not sure what the goal is?

Quit claim deeds are used a lot by people trying to delay the foreclosure action or people that convince people to transfer properties being foreclosed that are trying to commit fraud against the owner or mortgagor. Not advisable and if your going to sell it sell it through a short sale or a normal sale.
Either way the bank wil get the property unless you sell the property or bring the loan current.

A quitclaim deed would have no bearing on a bankruptcy that I could think of and only create issues with the bankruptcy and possibly get the trustees mad and negatively effect you and the bankruptcy.

You really need to talk to an attorney in your area to get clear incite on your goals and questions.


Keith Manson
Certified Distressed Property Expert
Metro Milwaukee

http://www.milwaukeebailouit.com
0 votes Thank Flag Link Sat Jan 1, 2011
A quit claim deed conveys ownership but does not relieve your debt obligation.

Bankruptcy tends to just delay the inevitable & you end up spending money on legal fees.

If you can't afford to stay in your current home, make plans to move on & sell your house (or begin the short sale process with a realtor if the loan balance is more than it's current market value)

Good Luck
0 votes Thank Flag Link Sat Jan 1, 2011
Virtual answer not to your benefit many more questions than answers. Confer with a real estate attorney probably your best option.


Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Sat Jan 1, 2011
A quit claim only covers title/ownership to a property. It does not do anything to or with the mortgage. If you quit claimed the property to someone else, even though you are no longer on title, you would still be responsible for the loan.
0 votes Thank Flag Link Sat Jan 1, 2011
"Sweetheart?" Really, Anthony?

The thing is, son (see, condescending attitudes ARE annoying), you need to understand what a tool, an instrument does before you start using it on things. How can a moisture reader help find a good site to dig a well?

Deeds are instruments of conveyance, and they require acceptance - you can't just deed your liened-to-the-hilt property to a neighbor.

Happy New Year,
0 votes Thank Flag Link Sat Jan 1, 2011
hi,
Sorry, this is a very legal question.
You may have to check with a lawyer or a title company, if you want I can give a title rep phone number or you may have to check with a lawyer or the count recorder.
It will be complicated.
Leyhun/310-753-8761
0 votes Thank Flag Link Sat Jan 1, 2011
It will not. Titles work in a successive manor therefore your mortgage would come before a quick claim and if the bank has already filed for foreclosure there are potentially other kinds of items filed against your title that prevents you for mucking up the title.

Bankruptcy is not a good solution to avoid foreclosure. In most cases it do nothing but buy you time, which with the right lawyer can be done through the foreclosure process.

Have you tried a loan modification?

Good Luck
Bob Patrick
Buy a home after foreclosure expert
Movin-On LLC
Helping families/people that have lost their homes get back into a new one in as little as 6 months
0 votes Thank Flag Link Sat Jan 1, 2011
By the way to the rest of you that were kind enough to clarify my question I truly appreciate it, nothing better than to ask high quality professionals to learn, thank you. TonyP
Web Reference: http://www.CAcertified.com
0 votes Thank Flag Link Fri Dec 31, 2010
Dear Emily

I am sweetheart but it does not hurt to ask and get different input now does it, I can learn many things by asking questions from experienced professionals, you should try it you might like it.

By the way if need questions concerning construction, pools, zoning, inspections, engineering. expert witness, building sciences, construction laws, residential and commercial building codes I am fully informed and.... I learn a lot by asking tons of questions.

Have any more? Because I do and get used to it I'll be on this site asking more.

Thank you for your input even though there was nothing to it.
Web Reference: http://www.CAcertified.com
0 votes Thank Flag Link Fri Dec 31, 2010
A Quitclaim will not help you at all... and a bankruptcy will generally only delay the process...
The best thing is for you to educate yourself on your options...

The law office I work with has good reliable information on Bankruptcy check them out at
http://www.attorneylegalsolutions.com

You can also read articles and get a free copy of my book on short shales at
http://www.shortsalecentral.org

You have options and I recomend you do not wait until the last minute... trying to ignore the problem or hang on to a home against all odds may not be what is best for you... a well planned out way out and a fresh start on your own terms may be better.


Best of luck Anthony!!
0 votes Thank Flag Link Fri Dec 31, 2010
I thought you were going to get an RE license? You'll learn all about these things in Real Estate School.


EmilyKnell1@yahoo.com
562-430-3053 cell
Realtor Since 1996
0 votes Thank Flag Link Fri Dec 31, 2010
The purpose of a quitclaim deed is when one party wants another to relinquish their interest in a property. In the context of a foreclosure it won't help, but there is something called a deed in lieu of foreclosure where the person(s) on title sign over their interest to avoid the foreclosure process. Usually this only works if there is equity in the property.
0 votes Thank Flag Link Fri Dec 31, 2010
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