Quit Claims Deeds - Pros and Cons

[chameleon1357]

What is the name of your state (only U.S. law)? Washington

Does anyone have a clue as to why a "married" couple, who does not live together, chose to quitclaim a pre-foreclosure home? As I understand, a quitclaim deed transfers a prior co-owner's (the grantor's..husband) portion of rights in a property to the other co-owner (the grantee..wife), thereby making the grantee sole owner of the property. But quitclaims only transfer rights in a property. They do not transfer responsibility for any liabilities (i.e., mortgage debts or tax liens) that were attached to the property at the time of the deed's filing. Furthermore, unlike warranty or grant deeds, quitclaims make no guarantees about the property's condition or the status of the property's title. So, when a quitclaim deed is contested, all that is under consideration is ownership of the property.

Why would the Grantor (husband) choose to quitclaim his liability rights to the Grantee (wife) when the house will likely go to foreclosure unless this agreement was signed under false pretenses? And why would anyone sign a quitclaim? Pros and Cons?

 

[tranquility]

I do not think your concerns are quite correct regarding the effect of the type of deed.

Specifically, what is the situation and what do you fear?

 

[chameleon1357]

I do not think your concerns are quite correct regarding the effect of the type of deed.

Specifically, what is the situation and what do you fear?

Simply, what are the Pros and Cons of quitclaim deeds?

 

[FlyingRon]

Simply, what are the Pros and Cons of quitclaim deeds?

A quit claim deed transfers whatever ownership you have without any representation as to what that is.

The PRO is it's very simple.
The PRO is that it usually doesn't generate any liability for the grantor.
The PRO is that if the grantor is uncertain of his ownership status, it removes it he has any.

The CON is that it doesn't make any representation that the grantor owns any interest in the property.
The CON is that the grantee has no recourse through the deed if the grantor doesn't have the rights he appears to be conveying.


Now what I think you may be asking (but not literally what you asked), is are there pros and cons to DEEDING (in any form of deed) a property that is about to be foreclosed on.

The PRO is that it might absolve him of future property taxes and HOA/Condo fees.

The CON is that he just gave up whatever ownership he had while still being liable for the note.
The CON is that the bank is probably allowed to call the loan as a result (though not sure why they'd do this if it's already in default, but they could).