Legal Question in Real Estate Law in Florida
Can someone gift a home to my with a quitclaim deed (no charge), while I make monthly payments to this person?
Asked on 6/21/10, 8:34 am
1 Answer from Attorneys
Anyone can quitclaim a deed. I don't know about no charge because if there is an outstanding mortgage, usually Florida wants its documentary stamp tax ($.70/hundred on the outstanding balance of the mortgage).
If there is an outstanding mortgage, the transfer of the property, without lender consent (which isn't likely), would be a violation of the "due on sale" clause of the mortgage.
I also do not know what you mean by making monthly payments to this person. It sounds more like a sale, and then the doc. stamps is $.70/hundred on the sale price.
Answered on 6/21/10, 11:47 am