Foreclosure in 97229>Question Details

Debracain, Other/Just Looking in 97229

I have a quit claim deed my step father is attempting to do a deed in leu of mortguage, can he do this with out my concent?

Asked by Debracain, 97229 Fri Oct 22, 2010

Help the community by answering this question:

Answers

14
Janeese Jackson’s answer
D: You probably should contact a real estate attorney and find out how to proceed. I wonder why your step father is current on his loan and would want to give this home back to the bank, as even with a deed in lieu of foreclosure there would be some time before he could qualify for his VA loan again due to loss of credit rating. I'm sorry this is happening to you. You can go to this web site for some more information: http://www.quitclaimdeed.com/tennessee/ and call Chuck Reynolds, Attorney at (503) 222-3529. BTW, I was born and raised in Murfreesboro, TN.
Janeese Jackson, Principal Broker
Real Estate Resource, Portland, OR
503-709-0802
jj@janeesejackson.com
Web Reference: http://fabulousportland.com
1 vote Thank Flag Link Sat Oct 23, 2010
Marci is onto something. Here's the deal: A quitclaim deed only transfers a specific, usually small, interest. Here's an example: A person goes to sell a house she inherited, but finds out a relative was willed a small interest. So the person goes to the relative and asks for a quitclaim deed, whereby the relative quitclaims his/her interest. The quitclaim only affects that small, junior interest, and any other lienholders--the VA, the county taxing authority, etc.--have a senior lien, and therefore claim.

Is TN a community property state? This may matter, or it may not. Yours is a very narrow legal question whose answer may depend on TN law. Right now, I would contact the VA and tell them of your claim and send a copy of your quitclaim. At the very least, it should create a cloud on the title and forestall any title transfer. Go to VA's website and just keep clicking away unti you find a good link. They will be more responsive than you might imagine.
1 vote Thank Flag Link Fri Oct 22, 2010
Who pays the property taxes ?
0 votes Thank Flag Link Sun Nov 17, 2013
A quick claim deed does not relieve you of any debt that is owed on the property and is transfered with the property to you. Your step father has been paying the last 7 years? And now he wants out. If you wish to keep the house then you must make the payments owed and sence you have this filed with the county I would defintely call the VA and let them know that the property has a clouded title - meaning that it isn't just him on the hook.

You may be able to work something out with them but if you are not a vetrnan then you could be foreclosed on instead of your step father because they could say it was wrongfully transferred to you. Your best bet then is to find another bank who will pick up the VA loan and let you make payments to them.

Never ever sign anything without an attoreny looking it over. They can let you know whether you are being shaefted or not.

He can not do a deed in leu and I don't think he understands that by giving up the house he is snubbing his nose at the VA and they are unlikely to give him another loan ever.

I see that you were inquiring in October of 2010 and now we are in August 2011. I sincerely hope that everything turned out Okay for you.
0 votes Thank Flag Link Sun Aug 14, 2011
Debra Cain,
This is a difficult question with out getting additional info.
Based on what you have in the question here is what I would say (I would first advise you to talk with a real estate attorney) now if you have a quit claim deed that has the property in your name and your step fater is still carring the loan to the property then he can not do a deed in leu, he can foreclose on you on the home only of you are not paying according to the contract (if youhave one) he does not own the home based on title. With that said, if the loan he has on the property has a due on sale clause in his financing then there are possible other issues that need to be addressed.

If I was you I would contact an attorney and get further clarificatio on this.
0 votes Thank Flag Link Sun Dec 12, 2010
Theres not enough information to give you an answer. However, a quit claim deed is a document by which a person (the "grantor") disclaims any interest the grantor may have in a piece of real property and passes that claim to another person (the grantee). Think of it like a present...if someone wants to give you something...they just give it to you. However, don't confuse this with liability for the loan...it's much different. Good Luck!
0 votes Thank Flag Link Sat Nov 6, 2010
I'm not a lawyer, so I can't guarantee, but in all the times I've dealt with quit claims, once a person (in your case your step) signs over the quit claim deed to you all leins on title remain attached to the property- in this case to you, the current owner. And you have complete control although you would be responsible for any lein/mortage owed. Also, your step-father may not have even had a right to transfer the property with the VA mortgage lein to you under VA guildlines. Most VA loans have very specific requirements to transfer a VA loan. I would definitely check with an attorney or someone versed in VA loans. If you haven't contacted them yet, find someone at http://www.va.gov/.

Hope this helps.
Web Reference: http://www.va.gov
0 votes Thank Flag Link Fri Oct 22, 2010
The quit claim deed was given to me by both my mother and step father seven years ago and was recorded in shelby county Tn. My mother died one month later and my step father is current on the payments. This is a VA loan and he is attempting to give what is now my home back to the bank. I just found out today that he never told the bank (seven years ago) that this quit claim deed was given to me. I had no financial obligations to this bank. His motivation to do this is to secure his VA and of course spite. Thank you for any help that you can give.
0 votes Thank Flag Link Fri Oct 22, 2010
Your question does need a little clarification. Do you currently have title? Is your step father trying to give the property to you with a quit claim deed? Is he selling it to you and you pay him back?

I know we'd all like to help, but we don't quite understand the situation.

Marci
0 votes Thank Flag Link Fri Oct 22, 2010
If your step father has quit claim the title to the property in your name, than you are the legal owner. If your step father is attempting deed in lieu, he would need your consent. He has given up his rights with respect to his property to you.

That is diffierent that lender might not accept the quit claim and will have right to declare the owner in default and choose to demand entire loan balance be paid in entirety.

If you quit claim is recorded. You can directly speak with the lender regarding what course of action you want to take. However, as I indicated earlier, lender may not want to recognize you, unless you are current in your payment.

Since, your step father is attempting to negotiate deed in lieu of foreclosure, it appears, the loan payments are not current.

I wish you good luck.
0 votes Thank Flag Link Fri Oct 22, 2010
You need to check with an attorney - you do not give enough information for us to actually give you an answer!
0 votes Thank Flag Link Fri Oct 22, 2010
Deborah--was your quitclaim deed recorded? The answer will depend on this. If it was recorded, he will have a horrible time doing a deed-in-lieu. If it was not recorded, but was signed by all parties, the quitclaim deed could very likely stay the process.

Please click on my profile and call me. I live in the zip code adjacent to yours, and I promise--no sales pitches or smarminess. We'll be going to the downtown Farmers Market tomorrow morning, so call anytime after, say, 9--or just email, if you prefer. Hate to tell you this, but you may need some legal advice.

But you need information to use on making a decision. No charge for information. :)
0 votes Thank Flag Link Fri Oct 22, 2010
Yes he will need your consent, but you may have no chose if the home is going to foreclosure because the bank has every right to take the property even if it was quit claim deeded to you, the mortgage came first and I would bet the quit claim deed violated that mortgage agreement making the default not only non payment but breach of contract opening up a lot of liability issues.

Good Luck
Bob Patrick
Buy a home after foreclosure expert
0 votes Thank Flag Link Fri Oct 22, 2010
Debra please clarify. Did you sign this quit claim deed giving up control of the deed? Who took out the mortgage loan, and whose name was on the deed signed over to the bank?

If you are facing a legal emergency then you should hire a real estate attorney immediately to protect your interests.
0 votes Thank Flag Link Fri Oct 22, 2010
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer