Legal Question in Real Estate Law in Florida

what is a quit claim deed

I am divorcing and in the settlement I am to sign a quit claim and also still pay off the mortgage. If I sign what implication does it have? Will I still be attached to that house until she wants to take me off of what?


Asked on 1/17/04, 9:40 am

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: what is a quit claim deed

You ought to discuss this with your divorce attorney. But, as you described it, you will no longer have an ownership interest in the house, but will still be on the note and mortgage. That means that if it is not paid, they will file a foreclosure action against both of you. However, mortgage holders rarely (in my experience) go after you for a deficiency judgment. They just take the property back at the foreclosure sale. It would show up on your credit record as a foreclosure, of course. By the way, you ought to make a new will if you have not already done so.

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Answered on 1/17/04, 10:44 am


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