Ask Experts Questions for FREE Help !
Ask
    robin4156's Avatar
    robin4156 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 25, 2008, 11:49 AM
    QuitClaim Deed
    I had a tentant who never paid on time, I live in another state. Sob stories for 4 years. Lease/Purchase, I told her to get the balance down to $3500, and pay her bills that could have the place. I notarized a quitclaim deed signing the house over to her. She has not put it in her name yet. It's been 6 months. I continue to get her water, gas and taxes bill because the house is in my name. Can I retract the agreement and evict her?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #2

    Jan 25, 2008, 04:21 PM
    Why would you quit claim deed a home to someone who still owes you money in the first place? What kind of agreement are you talking about?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Jan 25, 2008, 04:31 PM
    Quote Originally Posted by robin4156
    I had a tentant who never paid on time, I live in another state. Sob stories for 4 years. Lease/Purchase, I told her to get the balance down to $3500, and pay her bills that could have the place. I notarized a quitclaim deed signing the house over to her. She has not put it in her name yet. It's been 6 months. I continue to get her water, gas and taxes bill because the house is in my name. Can I retract the agreement and evict her?


    There is a real estate Attorney who often answers but in her place I would say that the tenant could file the quit claim at any time so, no, you cannot retract the agreement. You go to evict her, she files the deed, she owns the property.

    Was this on the advice of an Attorney (I certainly hope not).
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Jan 25, 2008, 07:05 PM
    What are you doing? First on a lease purchase or on a contract for deed, you do not give them the deed until the house is paid in full.
    At this point you would have a mortgage written up and signed by them, since once they have a full deed, the lease purchase is no longer valid, and you would have had to draw up a mortgage paperwork before you gave them the deed. So now you have to foreclose on them because they have not paid, even if they have not filed the deed, you can still foreclose on the basis of the deed you gave them.

    If you gave them a deed, without having any mortgage paperwork, you may have just gave your house away and you need an attorney yesterday.
    As for gas, electric, why are you paying them, you merely take them out of your name, the day you sold the house. As for the taxes, you pay them, but add them to the lien, you bill them with the next month, and if they don't pay you for the taxes, you foreclose on them.
    ** this is again you have a mortgage written up properly with the right to do that.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #5

    Jan 26, 2008, 04:24 PM
    Get the water and gas out of your name pronto. Let the deadbeats pay their own way until this gets straightened out. They should have been paying this all along anyway. What were you thinking? They could rack up a huge water bill and a huge gas bill and leave you stuck.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #6

    Jan 27, 2008, 05:59 AM
    Quote Originally Posted by twinkiedooter
    Get the water and gas out of your name pronto. Let the deadbeats pay their own way until this gets straightened out. They should have been paying this all along anyway. What were you thinking? They could rack up a huge water bill and a huge gas bill and leave you stuck.
    I can only speak for NYS BUT this is a lease/purchase agreement. If she shuts off the gas and water after paying for a period she has legal problems. Of course she can approach the tenant and possibly the tenant will consent but this entire situation is full of potential problems in all directions.

    The owner hasn't complained up to now and can't suddenly change the rules.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Quitclaim deed vs. Warranty deed [ 3 Answers ]

Years ago in Arkansas, I did a quitclaim deed to my brother for a house we had financed for our mom. Later when the lienholder had to foreclose on the property, they also came after me. I had the foreclosure on my credit record for 7 yrs. What I didn't know at the time was that I was giving up...

Quitclaim deed [ 5 Answers ]

We sold a house and the buyer is in foreclosure with his mortgage. There was an error on the books (house number wrong). The address is correct on our settlement papers. Lawyers call us and say that we need to sign a quitclaim deed since we have no interest in the house and because of the error,...

Quitclaim deed or grant deed? [ 2 Answers ]

Here is my problem... In order to buy my first home I had to have my mother put in her name because of my credit. I make all the payments in the two years I lived her and am ready to have the home in my name. What is the best way for us to do this??

Quitclaim Deed [ 3 Answers ]

I recently was married, and now would like to quitclaim half of my property to my new wife. I know, why would I ever do that! Well, because she will be quitclaiming half of her property to me! They are both condominiums, and we thought we could accomplish this without an attorney, as it seems...

Quitclaim Deed [ 3 Answers ]

What do I need to do next after I have recorded a Quitclaim Deed through my County in order to sell my home? I received the property from my Mother who is deceased.

View more questions Search