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Quick Claim Deed?

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wojik

Junior Member
What is the name of your state (only U.S. law)?
New York

Me and my girlfriend are splitting up after 4 years of owning a home in which she was on the deed but not the mortgage. Will a quick claim deed be enough for her to sign to give me full ownership and her no claim or rights to the house if I sell in the future?
 


latigo

Senior Member
she was (sic)on the deed but not the mortgage.
That may be an accurate statement, and it may not be an accurate statement.

Because if she was a record co-owner owner of the home at the time the mortgage came into being (e,.g., a purchase money mortgage) THEN SHE SIGNED THAT MORTGAGE NOTE! Make no mistake about that.

Mortgage lenders may make dumb errors in loaning money on over valued real estate, but they ain’t so dumb as to loan money against a home without the ability to foreclose (in case of default) against ALL of the recorder owners existing of record at the date of the mortgage. And in order to do that ALL of such then existing recorded owners must be on the mortgage note.
_____

A properly executed, notarized, quitclaim deed, accurately setting forth the legal description of the property and suitable for recording, will do the job.

That is, if as a co-owner she is freely willing to sign it, but she cannot be legally compelled to sign it.

Plus, if she has any moxy, she will not sign without your written agreement to assume the mortgage balance and to save and hold her harmless.
 

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