Michael, thanks for you input on notes…as a newbie my wife and I are very interested in learning about notes…it’s always scary when learning something new until one has a handle on the way things are done…thanks again…Bobby
Posted by April Ahammer on October 01, 2000 at 12:29:55:
My father and brother are partners on a home and are both on the morgtage with a lender. My brother has since moved out. My husband and I pay his portion of the mortgage. My borther wishes to sign a Quit Claim Deed to my husband and I; as we have been making the mortgage payment for the past three years and no longer wants the responsiblity of the home. Question: Does my father also have to sign the Quite\ Claim Deed or can my brother just Quit his half of the property over to my husband and me without his signature? Thank you for your expertise. I understand from others on the Net, that you are a good source of informaiton. By the way, we live in Las Vegas, NV.
Posted by Ron Ohara on October 27, 2000 at 02:33:39:
I have seen and heard this many times. Since your brother has now decided to transfer whatever interest he has in the property over to you and your husband, the first step would be to find out how he currently holds interest in the property. 1) If he holds “title” to the property as Joint Tenants with your father, then both your brother and father will have to execute to release your brother’s interest in the joint tenancy to you and your husband; 2) If your brother holds interest as Tenants in Common or and Undivided Interest, then only your brother will have to execute the Deed. Please check with the County Recorders Office, where the property is located as to specific County Requirements on such a Deed. PLEASE NOTE, by your brother executing a Quitclaim Deed, will not release him of the liability that he has with the current lender. Again, you and your husband should decide how you wish to take title to the property.
Since your brother and your father currently hold title together jointly right now, both of them would have to convey their interest in the property to you IF you wish to have 100% ownership of the property.
However if you simply wish to have your brother deed out to you his undivided 1/2 interest, then ONLY he needs to execute that deed to you. Please bear in mind though that you will now own an undivided 1/2 interest in the property with your father.
If you want SOLE ownership then you must pursue the 1st
option outlined where BOTH your father and brother deed out.
Also note, it may be wise to have a title company do a name search, on both your brother and Father, to make sure they are no outstanding liens, judgements, etc. that might muddy up their transfer of title to you.
My sister who lives in New Mexico wants to sign a quit claim deed on property we jointly own in Colorado. I need info on the form and proceedure.
Thanks
Elvis D. Brock
5736 E. Hwy 140
Merced, CA 95340