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View Full Version : Do I need to sign quit claim deed in order for ex to proceed with short sale?


ozzwing
Aug 31, 2012, 04:56 AM
Do I need to sign a quit claim deed in order for my ex-husband to proceed with a short sale? We're both on the deed & mortgage. My ex husband lives in the home. He is asking me to sign a quit claim deed so he can proceed with a short sale. Is this okay and "safe" for me to do? Being that I'm still on the mortgage I can't help but think it's not a smart idea to waive my interest in the home however, I know I'm not going to get any money out of it as it's $50K underwater at least so what's to be interested in really? I just want to make sure this is the correct way to go about things and that my ex has accurate information and it's okay for me to sign the quit claim deed in order to allow the short sale process to continue. I know I'll take a credit hit and that's fine. I just want my name off this completely.

ScottGem
Aug 31, 2012, 05:12 AM
You can give him a letter stating that you will appear at the closing and sign the deed at that point. That should allow him to proceed with the short sale. That should allow the short sale to go through. I don't see a reason you need to actually sign over the property until the closing.

Otherwise I would go with him to the bank and get assurances you will be removed from the mortgage if you sign the deed.

AK lawyer
Aug 31, 2012, 08:16 PM
... I don't see a reason you need to actually sign over the property until the closing.
...

I agree. But they will probably want a warranty deed, not a quitclaim deed.