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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
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Experience:  25 years experience
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The attorney I paid for a consultation mentioned something

Customer Question

The attorney I paid for a consultation mentioned something about her taking steps to take advantage of me somehow, saying that if she finds out about doing a "Quit Claim Deed" she might try it. Do you know what he was talking about? I think he was cautioning me to hope she didn't find out about it or it would mean even more worries for me.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dave Kennett replied 1 year ago.
Actually a quit claim deed is what you want her to sign. I understand what your attorney is saying. If she realizes she has an interest in the property she WON'T sign the quit claim and will want money to do so. Therefore I agree that you should try to have her sign it but if she asks any attorney they will tell her not to sign anything until she gets her half interest of the equity. So your attorney is correct that if you can get her to cooperate not realizing her rights that would be great
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27686
Experience: 25 years experience
Dave Kennett and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

I know you weren’t there when I talked to the attorney and you have to just guess at what he said, but it seems he said something about her signing a quit claim to herself? Does that make any sense?

Expert:  Dave Kennett replied 1 year ago.
No it doesn't. She can't deed the property to anyone except you without your signature.
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27686
Experience: 25 years experience
Dave Kennett and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

I need to open this subject again. A friend suggested to me that in some states (I assume not Arizona) the mortgaged homeowner cannot put another party on the house title deed without adding them to the mortgage. That means the mortgage company would also want the new party to qualify for the loan conditions. I believe the purpose of this "ruling" is to have the new party be responsible for paying the loan if the original homeowner defaulted. If they cannot qualify or will not accept the responsibility for the loan payments, the title company can force them off or remove them from the title.


 


I'm looking for a statute, law or code from any other state to use as a precedent to validate a case for me to take this woman to court.


 


Just a personal note: this woman is boasting to people (some we both know) and has posted the same on a couple of different social websites, that she "earned the right to have her name on the title because she 'wore her fingers to the bone' to clean it and spent 'a lot of time' setting up her furniture and her other household properties."


 


The fact is that she has not contributed any financial help. One other thing; she moved in on February 1, 2013, waited until she knew that her name was on the title and then moved out on March 6, 2013.

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