Legal Question in Real Estate Law in New York
My parents are divorced and are trying to transfer the deed to our home from one to the other. The deed is currently in my mother's name, we need to transfer it to my father's name. This is necessary for us to prevent foreclosure, the lender is requiring it for the mortgage to redone/refinanced with my father being the sole borrower. Is a Quit Claim deed sufficient for this, or are more forms required?
The foreclosure was put on hold after my father began working with the lender to refinance. When the house was purchased, the mortgage was done in both of my parents names, however county records only show my mother's name on the property deed. From what I understand, my parents decided not to do anything with the house when they legally divorced. They had already been living separately for a year or so, ownership of all other possessions was already decided.
2 Answers from Attorneys
Should be. It must be filed with the County Clerk.
Quit claim deed is the correct document, but more documents are needed to record it. Go to nyc.gov/acris for these forms, to include the cover sheet and smoke detector affidavit.
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