Legal Question in Real Estate Law in North Carolina
My daughter and her ex husband bought a double wide together, but have since divorced. He signed a quit claim deed, but his name was still on the mortgage loan. My daughter paid the house payment for about 6 to 8 months and when she moved out she rented it for the house payment amount. Her ex has recently filed for bankruptcy, and the only way my daughter found out was she happened to call the loan company one day with another question. She now has it on the market to sell, but can she sell it since he filed bankruptcy? We are worried that the deed won't be released to a new seller.
1 Answer from Attorneys
She can sell the property...if he deeded away the property before the bannkruptcy and the court did not take issue with the quit claim deed, then she can sell the property. She will just need to make sure the mortgage gets paid with the proceeds.
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