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Is this a Quick Claim issue

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Sk84fun

Junior Member
What is the name of your state?
California
Hello, this is my first time here so I appologize if this has already been discussed.
At the time I bought my house 5-6 years ago I needed my mothers name on the mortgage to qualify for a slightly higher loan. She does not and never has contributed any money into the house itself.
Now she has fallen on hard times and has had to retire due to health reasons. I have been advised that if I can take her name off the deed to the house, she might be able to qualify for more federal assistance. I take care of her basic needs etc, but after paying for medications and such there isn't much left.
How can I go about taking her name off the house, or can I? And can I do it without taking her name off the mortgage, (wouln't I have to refinance to do that?).
Is this what is called a "Quick Claim", and how does it work?
thanks
 


BelizeBreeze

Senior Member
There is no such thing as a "quick claim" deed. And even if there was, you couldn't do anything with it.

It's called a quit claim and it simply means the party with ownership interest QUITS that interest in the property.

In other words, your mother would have to sign the quit claim to you. HOWEVER, I strongly suggest you speak with an attorney since your mother is attempting to qualify for assistance and such a transfer could get her in more trouble than it's worth.
 
S

seniorjudge

Guest
How can I go about taking her name off the house, or can I?
Yes, you can by a quit claim deed or any other deed allowed in your jurisdiction. (Take BB's advice as to what this may do to her.)

And can I do it without taking her name off the mortgage, (wouln't I have to refinance to do that?)
If you do transfer her interest, it may cause an acceleration clause in the mortgage which will cause it to become all due and payable. Check with your lender.

Is this what is called a "Quick Claim", and how does it work?
Ain't no such critter. Lawyers bull up when you say "quick"; ain't nothin' quick in the law.
 

HomeGuru

Senior Member
seniorjudge said:
Is this what is called a "Quick Claim", and how does it work?
Ain't no such critter. Lawyers bull up when you say "quick"; ain't nothin' quick in the law.

**A: cept quick billing of the lawyer's invoice.
 

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