Legal Question in Family Law in Arizona
If I sign a quit claim deed on a home that has a lien on it, will I still be responsible for that lien when the home is sold?
Asked on 7/06/10, 7:29 am
1 Answer from Attorneys
Monica Donaldson Stewart
Donaldson Stewart, P.C.
The deed and the mortgage are completely separate, so if you sign a quitclaim deed, you are granting OWNERSHIP to someone else, but that doesn't relieve you of the OBLIGATION under the mortgage contract. The only ways you are no longer responsible for the mortgage are if 1) the buyer secures their own loan that pays off your loan; 2) the buyer assumes your loan with the mortgage company; or 3) the buyer refinances your loan into their own name (which is ultimately a hybrid of 1 and 2). Otherwise, your name (not the buyer's) remains on the mortgage, so you remain responsible.
Answered on 7/06/10, 1:28 pm