[james lindstrom]

How does one get out of a mortgage when one no longer holds title? My brother managed to get my mother to quit claim her house to him while she was ill. Getting a lawyer to take the case has been a waste of time. She wants to move out of the state (CA), but she's stuck with the mortgage on the place she no longer owns. What can she do?

[Fr_Chuck]

She has to pay the mortgage, there is little way out of it, you may try to see if there was some fraud in signing the title over and sue for the title back.

Also actually it is worst, since most mortages have a clause if you transfer ownership, the amount is due and payable, so in fact they could call the loan to be paid in full because of this. ** if this is in your loan.

But yes, there may not be a lot that can be done at this point unless there was some fraud in the transfer.

[james lindstrom]

she has to pay the mortage, there is little way out of it, you may try to see if there was some fraud in signing the title over and sue for the title back.

Also actually it is worst, since most mortages have a clause if you transfer ownership, the amount is due and payable, so in fact they could call the loan to be paid in full because of this. ** if this is in your loan.

But yes, there may not be alot that can be done at this point unless there was some fraud in the transfer.

Suppose she were to simply quit paying and let the place go into foreclosure? Can she be sued for the remaining mortgage sum? She's just an old lady living on retirement income.

[Fr_Chuck]

Yes, ( still depending on the terms of the mortage) but on many yes she can be sued for the balance after it is foreclosed and sold.

But then does she have anything else ?

Personally if she has a lot of equity in the home, I would sue the brother.

[DrJ]

She could be sued for the remaining deficiency balance but who cares? What are they going to sue her for? They already have the house, she obviously has no garnishable wages. Does she have a bunch of money sitting in a bank somewhere? If so, just take it out and put it somewhere else.

Then they can sue all they want but it won't do them any good. And if they realize this ahead of time, they won't likely waste their time.