Legal Question in Real Estate Law in Utah

Re: When to record Quit Claim?

You have several really bad ideas working here. First your home should not be in your son's name because you are at risk to lose your home. He may suffer an adverse credit situation or be forced into bankruptcy, in which event he loses your house; he may get in an auto accident and suffer an adverse judgment, again losing your house; he may get married and later divorced, the spouse getes one half of your house; and there are more similar risks.

If he dies and you have not recorded the quit claim deed before his death, the transfer back to you is not valid and the house will have to go through probate, and if he does not have a will, you will probably not get the house back.

Recording the deed now will not likely trigger a call on the mortgage. The mortgage company wants payments more than houses, so most are pretty good about taking payments even if some clerk at the mortgage company suspects a transfer. Besides, loans are sold so often between companies that no one checks on current ownership so long as payments are being made.

You should transfer the house to a trust and allow the trust to own and pay for the house. That way the house is not at risk for any problems which may befall your son, the title is safe, and it is very unlikely that any mortgage company would call the loan. Call me for a free consultation on this matter.