You have asked a complicated question.
Many people execute a quitclaim deed to a partner or spouse after they have purchased and mortgaged their property. If that is the case, the original owner should notify the bank of the change in ownership and the bank may require the new co-owner to sign a consent to the mortgage. If the bank isn't notified, you acquired an interest in the property subject to the mortgage and the mortgagor has breached their mortgage agreement with the bank. The bank can demand immediate payment of the balance due on the mortgage and can take possession of the property if the mortgage isn't paid.
Another possibility is that if the mortgage is paid on time and the bank does find out about the transfer to you and notify the mortgagor that they have breached the agreement then you own a half interest in the property.
On the other hand, if two people own property by deed and only one granted a mortgage, the bank has only a half interest in the property. If the mortgage is foreclosed the bank will acquire only a half interest in the property.
If your name is on the deed then you own the property. You do not need to be married to own property. If two people are named on the deed they each own a 50% interest in the property and each have the right to the use and possession of the whole property.
If you bought a house in someone else's name, then the real question is do you have a claim on the house?One can have a claim on a house in several ways.1. Their name is on the deed.2. They are married to someone who's name is on the deed. (community property state)3. They are the bank or lending agency holding the mortgage.4. They have a lien on the house for legitimate money owed.Find out which of those applies to him/her and which applies to you. You may also wish to consult with a local attorney to get more specifc information to your situation.
In Ohio, if you sign a quick claim deed to land and a house when your name is still on the mortgage loan, you will still be responsible to the bank.
In Ohio, signing a quick claim deed to land and a house when your name is on the loan will still make you legally responsible for the loan.
It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name.
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Do you have to have an attorney for a quit claim deed if you are just changing your name
Yes, because after bk discharge you still own the house . The only way to get out from under the house is to get your name off the deed. Ether by forcloser, short sale, or normal sale. If you can find someone to quit claim deed to that will work also. Because after bk discharge you are not responsible for the mortgage, so if you can get off of the deed you are free.
If no one else's name is on the deed you would get it.
You need the spouse to sign a quit claim deed, which can be prepared by a title company or anyone that knows how to fill out the form.
Yes as the house could still be claim to pay any debts you have.
quit claim deed
you can use quit claim deed