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-   -   Quit claim /warranty deed Georgia (https://www.askmehelpdesk.com/showthread.php?t=168050)

  • Jan 2, 2008, 03:29 PM
    classy_grits
    Quit claim /warranty deed Georgia
    My brother purchased a home in Ga, my mother lent him mone to purchase the home. My brother has now relocated to another state. My mom and I live in the home and pay the mortgage, up keep, maintenance and related expenses - taxes and HOA fees.
    The home is now up for sale and mom wants her money out. The home was purchased in December 2005 and refinanced in April 2007 by my brother and his wife. Mom is NOT on the deed.

    We are interested in the possibility of buying the home. I want to discuss with him and wife the possibility of the quit claim. I need would need my salary combined with mom's to afford the mortgage and upkeep. I addition I need to raise my credit score sufficiently, which would take approx 9 months to 1 year from now... my questions are:

    If they agree to a warranty or quit claim deed, what else would I need to do, do I still have to qualify with the bank? Would I pick up their mortgage from the same lender? Do I need to finance or refinance the home? What happens if I do not re-finance and jut pay the mortgage? What if they want money out of the house? How would I make sure that my mom's financial interest in the home is protected? And finally... I read something about a rights of survivorship, what is that?
  • Jan 2, 2008, 04:02 PM
    Fr_Chuck
    Very few loans today can be assumed some FHA and a few others can be. So that may or may not be possible, Normally you will have to get a new loan to pay off their loan to get a new deed in your and/or your mom name. I would assume your mom ast least has a lien on the property ( second mortage) to protect her money she gave him to purchase the home, if not he could actually sell it, keep the money and not pay your mom back. If there is no lien you mom needs the brother to sign an official loan agreement on the money your mom gave him and file a lien on the property, that way she gets paid if they do sell the house for sure.

    Right of survivorship is where two people are listed on the deed, as in your brother and his wife, if the brother dies, his wife normally under survvorship becomes the sole owner of the home.

    Also you could buy the home on a contract for deed, in that a contract is drawn up, and you pay the brother for a number of years, and after you have paid him in full for the home, he signs over the deed to you.
    Also you could do that for a few years till you could refinance on your own.

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