Legal Question in Real Estate Law in California

real estate

if my ex husband signed a quit claim, but i have not filed it yet. my home has been for sale and is not selling. but, i cant make any more payments, if it goes to forclosure, what will i be responsible for? should i file the quit claim? if it goes to foreclosure will he be on the hook for anything?


Asked on 7/27/07, 5:03 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: real estate

We are very sorry to hear about the legal situation you and/or your ex are facing at present. If the home forecloses, you would not be responsible for any deficiency loan amount payments that may be due after auction per se, nor would your ex. A quit claim deed only transfers title, not loan repayment responsibility. Whomever is on the loan will be the one(s) whose credit may be negatively affected if your home goes to foreclosure. However, our Law Firm may be able to provide you and/or your ex with INVALUABLE legal advice to save your home and/or your credit reports, even if you do not have funds currently to make any more of your house payments. Email us directly for prompt, further assistance here.

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Answered on 7/27/07, 5:16 pm


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