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New Member
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Jul 6, 2009, 01:03 AM
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Quit Claim
How do I reverse a Quit Claim? Our loan officer had me sign one because my ex-husband was still on my credit and he doesn't pay his bills. She said we could change it later. So now I am not on the loan, just my husband. I do think however I am on the deed. I need to go look at the paperwork. I DO KNOW however I did sign a Quit Claim and we are concerned that if anything happens to him I will just have though let the bank take back the house because I can't do anything with it because of that Quit Claim. We would like to get me off it but we don't know how. How do we go about doing that, without hiring a lawyer and accruing a lot of legal fees? Thank you to whomever responds!:)
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Computer Expert and Renaissance Man
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Jul 6, 2009, 01:46 AM
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A Quit Claim has little to do with a loan and everything to do with title. I can't see a loan officer allowing someone off the loan since that increases their risk of collecting.
This all scenario sounds fishy to me. A Quit Claim deed conveys title to a person from the person who originally had title. If both you and your ex where on the deed, then both of you needed to sign the Quit Claim deed.
Were you trying to refinance the property? Was your ex on the deed? Hve you checked with the county clerk's office to see if the quit claim you signed has been recorded?
Plkease answer all those questions and provide us with greater detail so we can help.
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New Member
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Jul 6, 2009, 10:06 PM
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Hi Scott! I am sorry I really wasn't clear in my last post and I think I need to go into more detail.
My EX-husband and I bought a house in both our names. I was on the loan and title and deed as well as he. When we divorced, I wanted to just give him the house and walk away. I didn't want it. So my divorce lawyer gave me some really bad advice. He said I should sign a Quit Claim on the house and it would legally take me OFF THE LOAN, and off the DEED and off the TITLE. I would be giving up the house to him and it would free me of the loan also. So I signed it.
About a year after that I had my credit report run and found out the house was still on my credit report and worse he was only making a house payment about every three months. He would get a threatening letter in the mail and then he would make 3 payments all at once and get caught up. I inquired about why this was still on my credit since I had signed a Quit Claim on that house so I wasn't suppose to be liable for anything and that's when I found out that my lawyer had given me bad legal advice and that I was still liable for the loan. Unless he re-financed I would never get out of being liable for the loan on that house. With his bad credit he'll never be able to re-finance so that house is now and always will be on my credit report as if it is my own house loan.
Jump forward now about 10 years. I am re-married and my new husband and I went to buy a house. The loan officer ran both of our credit and suggested only my husband apply for the loan since my old house is still on my credit and he's still not making timely payments. So we did that and my husband got the loan in his name only. When we were filling out paperwork they said I had to sign a Quit Claim on this NEW house loan. So I did because we figured if I didn't it would impede him, my husband, getting the home loan. I just did everything they told me to do. They did say we could change it later.
My question now is, we would like to change it because the way it stands now since I signed a Quit Claim on this house, if something happened to my husband I wouldn't be able to sell it, or do anything with it because of the Quit Claim. Do you know how we should go about getting it removed? Would it require us to notify the loan company? Because they won't like my credit, even though it's not my fault. Anyway, I just wanted to know how to reverse that Quit Claim we have currently on this new house. We've been in it for 2 years.
I hope I gave you the information you need to help me. I can see my first post was very vague and misleading and I apologise. Thank you for any advice you can send my way.
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Computer Expert and Renaissance Man
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Jul 7, 2009, 04:31 AM
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I'm sorry, but this still doesn't make sense.
First, lets go back to the old house. You're right, you got bad advice. As I said a Quit Claim has little to do with a loan. So when you deeded the house to your ex it did not take you off the loan.
Now lets go to the new house. If you are buying a new home, then your name is not on the deed in the first place. If the lender is requiring that only your husband be on the loan, then they are also requiring that he be alone on the deed. So at the closing the3 deed would have been recorded ONLY in his name. So how can you sign a Quit Claim deed for property you don't own? That makes no sense!
As to your right to sell the home should something happen to your husband, that's what wills are for! Have him leave you the house in his will and that covers that.
To help further you need to make sure you understand exactly what happened. At the closing for the house (assuming it happened already), The property was deeded from the owners to whom? Who is on the title now?
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Expert
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Jul 7, 2009, 06:45 AM
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This is a classic example of why people in your situation need to consult attorneys (who, evidently unlike your earlier one, know what they are doing).
It appears that the only reason you now need to do something is to provide for the possibility that your husband die before you do. As ScottGem has said, a will will take care of that. Problem solved.
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New Member
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Jul 7, 2009, 04:38 PM
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Thank you both for answering me. I will go dig up all the paperwork and come back to you more informed about what it says. I know I signed a Quit Claim on this house, but Scottgem what you are saying also makes sense to me. So I'll go look. I know I'm on some kind of paperwork regarding this house. Could I be on the Title? I will go look it all up and come back and tell you what I find. AK lawyer, that attorney just wanted to get rid of me because I was one of his "charity" cases and he had me on a special rate because of my income at the time and a single mother, and the house was the only thing hanging us up after a year. So I know that's why he told me that. Just to be done with it. Again, thanks so much to both of you for answering me and I'll get back to you with what's actually in the paperwork.:)
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Computer Expert and Renaissance Man
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Jul 7, 2009, 05:31 PM
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Please do.
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