What are my rights with a Quit Claim Deed? (Has been county recorded)?

Question

My mother quit claim deed her house to me in 2002, she still owes $ 75k on it. She moved out in 2003 and I moved in at the same time because she could no longer afford the note do to heavy Rx drug abuse. I pay the mortgage directly western union to the company. Since then she constantly tries to back door me and get the house back. She is threatening me with eviction notices that she gets from some joe schmoo. Recently I feel back on the mortgage by only being 1 month late which I let my mother know and she said it is ok just try to get current. Then she used that info to try to get the house back again. Can she take the house away from me and then charge me $5k for pain and suffering? Please HELP!

Answer 1

I think if the deed lists only your name as grantee on it and not your mother as well - in other words she turned over full title to you, then she probably doesn't have any calim to the house any longer. Did you assume the mortgage into your own name? The mortgage gives the lender interest in the title to the property, and if the mortgage is still in her name you probably don't have clear title to the home. What's worse is you mother may have violated some terms in her agreement and the lender may be able to call the note due - pay in full or they can foreclose. Who prepared the deed?

Note that I am not an attorney, and cannot give legal advice. So my recommendation to you is you talk to an attorney, preferably a real estate attorney who would be knowledgable in this area. When you consider the amount of money you potentially stand to lose a lawyer is money well spent in this case.

Answer 2

Your mother has no idea what she's talking about.

The quit claim either added you as an owner of the property, or it gave you the property entirely. In either event, you are an owner and your mother cannot have you evicted.

However, That quit-claim may have violated one of the terms of the mortgage. Many mortgages have "due on sale" provisions that require the entire mortgage to be paid off if there is any transfer of any interest. After four years, the mortgage company may have waived any rights to enfocement of that term, however. By the way, it doesn't matter who is on the mortgage and who owns the house, if the mortgage is not paid, it will be foreclosed. Your quitclaim deed is inferior to the mortgage.

You need to contact a local real estate attorney. He can tell you if you a the sole owner or if you are a co-owner. If you are the sole owner, see if you can refinance at a better rate.

Answer 3

First of all and in my opinion you need to understand that a quitclaim is the worst kind of conveyance that you can get, whatever interest in the property that your mother had, if any, is what is being conveyed and it has no warranties.
Since the conveyance was through a quit claim and your mother had a promissory note and had issued a mortgage to a lender your property interest is subject to that mortgage which is nothing more than the right of the lender to proceed against the borrower in a court of law to take the property used as collateral in the mortgage to cover the promissory note terms.
Since you are now in title there is a provision within the mortgage that says that if the lender feels their interest in the ability to foreclose or on the parties ability to meet the terms of the note are in jeopardy they have the right to call the note due.
Your mother did not seek a novation to the mortgage allowing the lender to provided permission for you to be added to the title of the property therefore they are being jeopardized.
In the event of a lawsuit to foreclose under the mortgage the title insurance search will show your deed which means they have to extinguish your rights to the property or bring you into the lawsuit as an idespensable party.
She can not take the title away from you unless you give it to her or she seeks recovery of it in a court of law based on some funky legal theory like promise estoppel.
If I was you I would certainly go and get legal counsel as soon as possible.
Best of luck to you

Answer 4

If she quitclaimed the property to you, she no longer has any legal title to the property. Although a quitclaim deed doesn't confer much to you, it clearly DOES remove HER from the deed.

If nobody else has a superior title, you're safe as long as the mortgage payments continue to be made. Even if you stop making the payments, the only way that she could re-take title would be for her to purchase it when it goes to the foreclosure sale. Unless she has cash to pay the mortgage balance in full, that won't happen. You'd be out on the foreclosure of course, but she would not be able to take it from you.

Answer 5

She issued a quit claim deed to you. Quit claims her interest to you, or just adds you to the title? Is there a warranty deed out there? Who is in title there? Mortgage was in her name; did you assume it? Otherwise how could you pay it directly?

You need to sit down with a knowledgable real estate atty with copies of the deeds and mortgages and get up to speed with where you are and what you need to do.

Answer 6

When your mother issued the Quit Claim deed, she forfeited all rights to ownership in the property, and cannot take it back from you. Furthermore, she did not ask you to refinance in your own name, so the debt is still hers. You are living in a house which is in your name, and in which the debt for the mortgage is in your mother's name. Not a bad deal !

The downside to this is that you were not entitled to take any interest deductions on this property when you filed your income tax returns. Since you are not obligated to pay this interest via a mortgage contract, they are not deductible. They are not deductible to your mother either, since she did not pay them.

At this stage in your situation, the only people who can take away the house from you are the bank (via foreclosure) or the taxing municipality (for any unpaid taxes)

Answer 7

The domestication of dogs, cats, horses, and cattle from wild stock is evolution of species on a small scale and shows how through selective breeding can change species over a long period of time. Modern man is relatively new, having walked the earth for only about 200,000 years by fossil records, and even of that time the oldest written word dates (Sumerian) dates from about 3500 BC. Otherwise evolution on the grand scale takes place over the span of millions of years and no written record of it would exist anyway.

Answer 8

The way I understand it, you both own it. She quit claimed you on, but did that quit claim deed take her off? If not, you both have equal ownership in the house.