Legal Question in Real Estate Law in Florida

Re: Foreclosures and Quick Claim Deeds

Filing the Quit Claim Deed does not stop a foreclosure. The lender's rights to foreclose remain the same. They will have to add the new title holder's name as a defendant to the lawsuit, however. This can be done by filing an amended complaint.

If the Quit Claim Deed was executed to avoid the foreclosure, it was not a well advised move. This is a serious legal matter and I strongly suggest you consult with a real estate attorney to review all of your legal options in order to save your home.

Scott R. Jay, Esq., 305-249-8000

Re: Foreclosures and Quick Claim Deeds

First, if you no longer own the home, why do you care about the foreclosure? Second, if the quitclaim deed was merely a scam designed to thwart the lender's foreclosure action, then whoever advised you to do it was not terribly brilliant. The lender's rights to foreclose do not evaporate simply because title is transferred. The new owner takes title subject to the mortgage being foreclosed. The mortgage is likely to be superior to the interests (secured or unsecured) of any other party, so ultimately the quitclaim deed is of no consequence and the home will be lost to the lender. That's what typically happens when someone fails to pay the mortgage note. Seek the advice of counsel, assuming you still have an indirect interest in the property that's worth saving. Good luck.