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No. The deed would only complicate the foreclosure process and cause an increase in legal costs. The mortgage takes priority over the deed since it was granted first. The grantee in the quitclaim deed would take the property subject to the mortgage. The foreclosure would still be filed against the mortgagor.

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11y ago

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Why would an owner of a home quit claim deed their home back to the bank?

There are different reasons. In some cases the bank will take the property by a deed in lieu of foreclosure or simply by a quitclaim deed if there is equity in the property and the bank can resell it.There are different reasons. In some cases the bank will take the property by a deed in lieu of foreclosure or simply by a quitclaim deed if there is equity in the property and the bank can resell it.There are different reasons. In some cases the bank will take the property by a deed in lieu of foreclosure or simply by a quitclaim deed if there is equity in the property and the bank can resell it.There are different reasons. In some cases the bank will take the property by a deed in lieu of foreclosure or simply by a quitclaim deed if there is equity in the property and the bank can resell it.


Can a recorded quitclaim deed create a cloud on title thereby preventing a foreclosure action?

If you're asking if the defaulting mortgagor can stop the foreclosure by executing a deed and conveying the property the answer is no. To execute a deed wouldn't create a cloud on the property. The property would be transferred subject to the mortgage and the lender can continue with the foreclosure by giving notice to the grantee.


What happens if a person has a quitclaim deed and the original owners did not give up ownership of the property?

A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.


Is property transferred by quit claim deed in Tennessee considered a gift?

Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.


How does a quitclaim deed work on refinancing your home?

A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.


Can you execute a quitclaim deed transfer on a home in foreclosure?

No, you can't. You would cause additional legal problems for yourself, the bank would incur more costs and your debt would grow. You can not release yourself from the responsibility of the debt and can not assign the debt to others simply by executing a quitclaim deed.


Can a warranty deed be reserve by quit claim deed after a death?

No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.


Uses for quitclaim deed?

A quitclaim deed may be used to convey any interest in real property.


Can you do Deed in lieu after foreclosure?

deed in lieu after foreclosure?


What does 'trust deeded out to a quitclaim' mean?

Your phrase does not make sense. A quitclaim is a deed. A trust does not deed out TO a quitclaim. You need to clarify your question by adding more details.


If your house is in forecloure can your spouse buy another house while you file bankruptcy There was a quick claim done to get spouse name off of the title?

If two people owned property, executed a mortgage, and the mortgage is in default, the foreclosure will be filed in both names. It was both mortgagors who defaulted and both will be parties to the foreclosure. If one executes a quitclaim deed to the other that will not stop their being mentioned in the foreclosure.


If a Quitclaim Deed is signed and later registered when is it in force?

A quitclaim deed is enforceable against the grantor the moment it is executed and delivered to the grantee.

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