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I own a home and have a Mortgage Loan. Can I quit claim the…

Customer Question
I own a home...

I own a home and have a Mortgage Loan. Can I quit claim the property if the loan is not paid off?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Has anything been filed or reported?

Yes. My mother lives in the house and in 2010 I was diagnosed with terminal cancer and told I had 24 mos to live. We had an attorney draw up the quit claim deed, and if I passed away it would be filed so my Mother wouldnt be thrown out of the house.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I survived my Cancer and just learned that my Mother put the house up for sale. I think her attorney filed that quit claim deed.....

Submitted: 9 months ago.Category: Estate Law
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Answered in 10 minutes by:
7/29/2017
Estate Lawyer: RayAnswers, Attorney replied 9 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 47,077
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 9 months ago

So here the loan is in default if you transferred the title without lender consent.If the deed was filed there is defalut because all notes contain a due on sale clause.

A due-on-sale clause is a clause in a loan or promissory note that stipulates that the full balance of the loan may be called due (repaid in full) upon sale or transfer of ownership of the property used to secure the note. The lender has the right, but not the obligation, to call the note due in such a circumstance.

Due-on-sale clause - Wikipedia

I agree with you apparently she filed the deed.You would have to use her here with a lawyer to stop the sale.The lawyer wold be filing suit to quiet title to award you the title back from the deed here.You have remedies with a alwyer through the courts if you choose to pursue it.

I appreciate the chance to help you today, sorry you are dealing with this.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 9 months ago
Can she sell the property without my signature? Does a title search show the outstanding loan? What is a
quiet title award?
Customer reply replied 9 months ago
This was somewhat helpful. I no longer wish to continue the conversation. I also do not wish to subscribe to this. Please cancel my trial membership.
Estate Lawyer: RayAnswers, Attorney replied 9 months ago

She can sell property without oyour signature if she pays off the loan.The title search will show the loan and line on it.Quiet title the court awards you by court order clear title since you did not intend to transfer title here.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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