Legal Question in Real Estate Law in Virginia
Can I file a quitclaim deed to release my name from a home mortgage to the other
How do I file a quitclaim form and is this the appropriate from to release myself from a mortgage so the other owner on the loan can refinance it in his name?
2 Answers from Attorneys
Re: Can I file a quitclaim deed to release my name from a home mortgage to the o
Yes, but you should have a lawyer review the deed and the present state of the title to make sure that the deed is properly done. For example, if the two parties to the deed are husband and wife and own the property by the entireties, a quitclaim deed from one to the other is not sufficient - both would have to convey to the one. Note that this will take the person granting the deed off the title, but will not release him/her from the mortgage liability; that requires a refinance.
Re: Can I file a quitclaim deed to release my name from a home mortgage to the o
You can fill out and record a quitclaim deed to convey whatever interest in the subject property
which you may have to the other co-owner.
Unfortunately, however, the current holder of the mortgage will not agree to "let you off the hook",
so to speak, in terms of your joint and several liability for the current mortgage, merely by your execution of a quitclaim deed.
In order for that to occur, the other co-owner must obtain a refinancement of the current mortgage or a new mortgage in his or her name, only.