Legal Question in Real Estate Law in Illinois

Loan Assumtion

If I have a mortgagee sign a quick claim does it give me authority to negotiate with the mortgage co. to resume the set payment schedule?


Asked on 4/13/07, 11:45 pm

3 Answers from Attorneys

Re: Loan Assumtion

No. However, there is no reason that you can not negotiate to assume the loan. This is especially true if the mortgagee has failed to make the payments.

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Answered on 4/13/07, 11:52 pm
Thomas Moens Moens Law Offices, Chartered

Re: Loan Assumtion

I think what you mean is to have the mortgagor, not mortgagee, sign a quit (not quick) claim deed. The mortagee is the lender, and the mortgagor is the borrower. If so, the answer to your question is no. And doing so would violate the due on sale clause in the mortgage. This means that if a quit claim deed is signed, the lender is immediately entitled to the entire amount due on the mortgage.

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Answered on 4/16/07, 10:41 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: Loan Assumtion

No. The mortgagee is still responsible for the mortgage. You can try getting the mortgage company to allow an assumption. But they have the right to deny it. Also, it is called a quit claim deed.

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Answered on 4/14/07, 8:55 am


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