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Removal from deed

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bkm2019

New member
What is the name of your state? Texas (where property is located)
I am on the deed and land contract with another individual. We were not married, I left and am happy to just let him have it all. His father holds the land contract, so it was a private lender. The dad now wants to foreclose and wants me to sign and notarize a paper giving up my rights and claim to the property. There is still the land contract, he says in the foreclosure since the property is worth more than what is owed that it will take care of any taxes that are owed. I want to be done, I also don't want to get hit with costs from a house I had to leave for my own safety. Should I just sign the paper? Is there anything I can do about the land contract/mortgage? Just trying to cover myself.
 


FlyingRon

Senior Member
You cover yourself by getting an attorney, If he's willing to exchange forgiveness on the loan for your release of the claims of the property, there's no need to go through foreclosure. NEVER RELEASE YOUR RIGHTS (Quitclaim or the like) without a simultaneous release of your obligation to the loan/contract. It would be foolhardy to release your interests if he was just going to foreclose on you.
 

LdiJ

Senior Member
You cover yourself by getting an attorney, If he's willing to exchange forgiveness on the loan for your release of the claims of the property, there's no need to go through foreclosure. NEVER RELEASE YOUR RIGHTS (Quitclaim or the like) without a simultaneous release of your obligation to the loan/contract. It would be foolhardy to release your interests if he was just going to foreclose on you.
I agree. Get an attorney to write up the necessary paperwork for you to release your rights and for the ex's father to release you from the loan. Make sure that they are both signed at the same time.
 

Litigator22

Active Member
You cover yourself by getting an attorney, If he's willing to exchange forgiveness on the loan for your release of the claims of the property, there's no need to go through foreclosure. NEVER RELEASE YOUR RIGHTS (Quitclaim or the like) without a simultaneous release of your obligation to the loan/contract. It would be foolhardy to release your interests if he was just going to foreclose on you.
Unquestionably it would be imprudent for the OP to forego her vendee rights under the land contract without receiving in exchange a full release by the vendor of her obligations contained in that contract. However, under the circumstances such a release would not guarantee her absolute immunity.

There is another factor here that hasn't been addressed which arises from the fact that the OP is not the sole obligor on the contract and the right of contribution between co-obligors. There is nothing that could transpire solely between the vendor/obligee and the OP that would lessen her erstwhile boyfriend's right of contribution should future events give rise to his wish to assert them. For example the property taxes should it be the vendees' direct obligation.

So, somehow for the OP's complete assurance that feature of potential liability must be laid to rest. And it can't be done without involving the other party to the contract, or without being familiar with the terms of the contract. Nor is safe to assume that the vendor won't be seeking a deficiency judgment against the vendees.
 

FarmerJ

Senior Member
Curious ? so do you know for sure that the contract for deed was actually recorded at the county government center ? Has the contract vendor actually filed for a court hearing to take the property back ( in my state unlawful detainer would be filed when a contract for deed vendee ( the buyer ) defaults)
 

bkm2019

New member
It is a private lender. He wants me removed to make it an easy task between him, his son and the lawyer. He says "I am giving you the opportunity to eliminate any liability in exchange for your release on the title."
 

LdiJ

Senior Member
It is a private lender. He wants me removed to make it an easy task between him, his son and the lawyer. He says "I am giving you the opportunity to eliminate any liability in exchange for your release on the title."
And that certainly CAN be done. You just want YOUR attorney to write up the paperwork, instead of his, or at least have your attorney review the paperwork before you sign it.
 

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