Legal Question in Real Estate Law in Utah
Can I use a quit claim on my house
Me and my mom bought a house about six months ago with both of ours names on it. She let her boyfriend move in and it was a nightmare so I bought another house and moved out. She has been late on the payments and I don't trust her now to make them on time and I don't want my credit ruined or to lose my house now. Will I be able to file a quit claim deed and remove my name off of the loan and everything else so I don't have to worry about it anymore?
2 Answers from Attorneys
Re: Can I use a quit claim on my house
Unfortuneately you cannot just quit claim over your obligation to the mortgage company. You will have to have the house refinanced to get your name off of the mortgage. You will have to force your mother to either refinance the house or sell it. If your mother refuses to cooperate, you will have to get a court order forcing the sale.
Re: Can I use a quit claim on my house
You didn't say whose name(s) were on the loan. Assuming your name was on the loan (whether your mother's name was on it or not doesn't much matter), a quit-claim will only transfer your ownership interest and will do nothing for your payment obligation.
You need to contact the mortgage company to get a release from your obligation, but they will not likely release you from that obligation. The mortgage company will have to tell you what it will take to release you from your obligation to them.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
