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I filed a quitclaim deed to add someone to my title, but I

Customer Question
do not own the property...
I filed a quitclaim deed to add someone to my title, but I do not own the property out right as required for such a document and now I am being told I cannot reverse that document without his consent, even though it was the wrong document...
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Has any paperwork been filed?
Customer: Yes, the quitclaim deed...
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that I want the individual off my title and he is unwilling to sign off and the county should not have processed it without verifying if I owned the property.
Submitted: 5 months ago.Category: Real Estate Law
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Answered in 7 minutes by:
6/15/2017
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,672
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Did you own any interest in the property?

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thanks

Barrister

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Customer reply replied 5 months ago
I don't know what is meant by interest... I recently brought the home, through loan in November 2016. I have only paid on the property for the last 7 months. I am the only one on the loan.
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Interest is what you have in a property... if you own 10%, you have a ten percent interest. If you own half, you have a 50 percent interest..

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So if you were the only one on the deed, you have a 100 percent interest in the property..

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Why would you quitclaim deed a property to someone that you had just recently bought?

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thanks

Barrister

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Customer reply replied 5 months ago
I did not switch the property to them I added them to the title because at the time they were my fiance. Things went sour and he is refusing to sign off. Trying to find a way to remove him from the title is how I found out I submitted the wrong form. Despite my reason for adding him to the title could you just tell me if the law is clear about the process. We both now are joint owners, which I guess gives us both 50% in the property even though I am the only one responsible for the loan.
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Ok, let me explain what a quitclaim deed does.. A quitclaim deed takes whatever interest the grantor has...be it 0% or 100% and transfers it to the named grantee on the deed. So if you owned the house by yourself and you quitclaim deeded it to both yourself and your fiance, then now you both own 50% of the house. It is considered a gift from you of a 50% ownership to him.

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The problem is that the mortgage doesn't transfer as that is still tied to the borrower, being you. So whether you gave him a partial interest or the entire interest, you are still liable for the mortgage on the property.

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With that said, whether you intended to make him a half owner or not, or whether you realized it was a mistake later, the law is crystal clear that you are both now equal owners of the house and there is no way to force him to transfer his interest back to you.

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You can only try to buy him out and get him to voluntarily quitclaim his interest back to you or file a lawsuit called a partition action in court where a judge will order that the property is sold at public auction to the highest bidder. You can then bid up to the mortgage value on it and then buy out his interest if no one bids higher..

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I realize these are not great solutions, but when deeds are done without talking to an attorney first about the ramifications, then bad results can occur..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister

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Customer reply replied 5 months ago
Then let me be clear... The lien holder has no say in who I add to the title. I thought my ownership status dictated what process I needed to use to add someone to the title.
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Correct. Regardless of who is on the deed/title, the loan is still secured by the property. If no one pays the mortgage, the bank forecloses on the property regardless of whose name is ***** ***** title/deed.

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Parents buy houses for their children all the time and deed them over to the kids. The deed is in the child's name but the parent is the only one responsible for paying the debt..

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So you can deed your property to anyone you want, but you as the borrower are still on the hook for paying the mortgage..

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Customer reply replied 5 months ago
Thank you so much for your time and answering my questions.
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

You are very welcome. Happy to help any time, even though the news wasn't great..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,672
38,672 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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