Legal Question in Real Estate Law in Georgia

Is it legal to quick deed a house when there is a mortgage on it?


Asked on 5/17/12, 2:20 pm

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends what you are trying to do. The mortgage is a lien on the property, so it won't just go away if you execute a quitclaim deed to someone else. More importantly, if your mortgage co finds out that you did this, you likely have violated the "Due on Sale" clause in your mortgage, which gives your mortgage company the right to call the loan (meaning, they can demand that you pay the ENTIRE loan amount at once). I don't know how much your mortgage is, but I would assume that you cannot afford to pay off the remaining balance all at once, otherwise you wouldn't have gotten the loan in the first place. In addition, not sure who you would be quitclaiming to, but (with limited exception), you must pay a transfer tax whenever you sell a property, so you may incur liability there. In addition, there could be tax consequences (IRS).

I STRONGLY urge you to consult a Georgia real estate attorney about what it is exactly you are trying to accomplish. With a little legal guidance, you can avoid a lot of completely avoidable cost and headache down the road. If you would like to discuss your matter further, please feel free to contact me.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 5/17/12, 2:29 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It is legal, but almost certainly a violation of the terms of the mortgage.

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Answered on 5/17/12, 2:33 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is NO such thing as a quick deed (I assume you meant quitclaim).

If there is a mortgage owing, the deed usually will trigger a due on sale clause, meaning the lender can declare the full mortgage balance payable immediately.

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Answered on 5/17/12, 3:48 pm


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