I live in Mississippi. My mother passed away, I assumed the loan, on a house and 1 acre of land, a FHA loan, which is now called usda-rural housing development. I was not told at that time by anyone that I had to or needed file a quitclaim deed. I need to know what this is and why I have to file it? My mother has 2 sisters and 3 brothers still living. My parents were divorced in the late '70's. I am her only child. My aunts and uncles have no desire to take this property from me. Do I need to do this, if so, why? How do I fill one out? Do I file this at the county courthouse, etc. and is there a cost for filing? I've read several website info about the quitclaim deed, but I've not found anything that answers my specific questions. Any help anyone can be to be will be greatly appreciated!

The only way anyone would file a quit claim deed is if they wished to "quit" any of their interest in the property. You certainly do not want to do this.

If the deed to the home was in your mother's name and your name not on it at all, you need to have the deed now in your name. Just assuming the mortgage does not automatically mean the property deed is in your name.

You need to go to an attorney there and have him straighten this out. You need the deed in your name now.

If your mother passed away, she would have owned the house and land?
Was your name on the deed?

What happens you have to get a new deed taking her name off the property and adding your name, This is normally done though probate if your name was not already on the deed. If your name was on the deed, you can normally have a title company do a need deed, and file it along with your moms death certificte proving she died.

The isssue is taking it out of your moms name on the deed. Also did you officially assume the loan, not just starting paying on it, did you have it put in your name?
Yes there will be a cost to file, and to get one flled out, it will cost a lot more if you have to go though probate ( your name not on the current deed) And normally it is not your aunt and uncles places to want anything anyway.

Thanks fr_chuck! Now to answer some of your questions, my mother owned the house and property although she was paying a mortgage on it, yes the loan is now in my name. She had no will, so I'm thinking there should have been no probate. However my mother passed away in April 1996. I know I should have stated that in the first post, I was trying to get everything in I just forgot to state it. No my name was not on the deed.

Thanks twinkiedooter for you answer! It has helped!

Sorry it is normally when there is no will that you have to go to probate for sure. But the issue here is that the house is in her name, with her name on the deed. So the judge in the probate court normally has to sign off on a new deed in the heirs name. Without a will it actually makes it a lot harder, since anyone else with a claim may have to be notified, and more. You fall into the law of the state ( the state writes the will basicly)

So you need to see a probate attoreny ASAP,
I know of people that go 20 years and then when they die, it really messes it up, since they never put the property in their name. A local attorney may know some trick to just add your name somehow, but without going though court I am not up on any other way

Thanks for the info fr_chuck, and I get your name!! There is no one else that would file a claim other than my aunts or uncles and that's not something that they would do. I will get with an atty asap! Again thanks!:)