Legal Question in Real Estate Law in Georgia

What is a Quit Claim Deed

can someone take my house away from me if I have signed a quit claim deed, but I am still on the mortgage. Also, can the house then be sold without my signing any other sales documentation?


Asked on 8/14/02, 5:17 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: What is a Quit Claim Deed

Hmm. Why would you do that? A Quit-Claim Deed ("QCD") is a conveyance of 100% of any interest the Grantor (here "YOU") have in the property. Thus, if there were no mortgage, you would have conveyed away EVERYTHING to the Grantee on the QCD. The technical language of almost all written morgages (DSDs in Georgia actually) prohibit what you have done. The Borrower cannot QCD the property without the permission of the Mortgagee Company (Mge). The Mge usually has the option to call the note or declare the mortgage in default if they find out. (However, what they really want is their monthly payment and they care little about this stuff as long as they get paid -- unless it ACTUALLY impairs their collateral). Probably you did this because you could not pay the Mortgage on time and some Grantor promised you he would make the payments for a fee -- or something like that. Much of this activity falls in the realm of foreclosure fraud. However, since I have no real facts, I dont know what your circumstance(s) are. You are at GREAT RISK of losing your home, if it has not already been taken from you. You should seek out a real estate attorney in your county and hire him or her to help you out of this mess. HCW

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Answered on 8/14/02, 5:38 pm


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