[ob151000]

Because of poor credit, I signed a quitclaim so that refinancing can be done in my wife's name (I am no longer on mortgage or deed). We want to add my name back to the deed by quitclaim to joint tenancy. My wife is concerned that my name on the deed - not on the mortgage - may drag her credit score down. She wants to handle the issue with a will. I have three questions:

1. Is it true that adding my name to the deed drag may down her credit score down?

2. What is the advantage of joint tenancy over transferring by written will?

3. The quitclaim I signed during the refanancing was recorded in Fulton County, whereas we live in the home in Fayette county where the property is and previous deeds were recorded. Does this complicate transferring the deed to joint tenancy via quitclaim in Fayette County? Both Counties are in Georgia.

[ScottGem]

First, your mortgage has a due on sale clause. This means that any transfer of ownership could result in the loan being called. So you NEED to get the lender's permission to transfer ownership.

Second, I'm not even sure how you register a deed in a county other than the county where the property is located. I'm nost sure the deed is valid You need to check how the property is recorded in the county where the proiperty is.

[Xyzpdq0121]

What county in GA?!

[ob151000]

I live in fayette county. The property is also in fayette county and the warranty deed and other previous deeds were recorded in fayette. The quitclaim I signed during the refinance was recorded in fulton county. Is the deed legitimate?

[ScottGem]

Let me get this straight. You when to a closing to refiance the property. At that closing, you signed a quit claim deed transferring your interest in the property to your wife. You did this because you were told you couldn't get the refinance any other way?

Now you are sayong that deed was recorded in Fulton County? By whom?

Have you done what I said about checking how the title is listed in Fayette?

[Fr_Chuck]

You can not record a deed in a county different than where the property is, it is just not humanly possible

You can sign it, you can get it notorised at the court house, but the recorder of deeds of one county can not record the deed of another, just not legal, or even allowed, Fulton county ( being a little over worked and under funded) may have taken it, thinking it said fulton county, but it was not recorded.

But you can not legally record the deed unless you take it to the property recorder of deeds

You need to take the deed to the correct court house and file.

It will not effect her credit but can effect issues in a divorce esp if that happens prior to death, since while married, you transferred ownership to her.

[ob151000]

Yes I went to the county court house in Fayetteville and the deed I signed to my wife could not be found in their system. The mortgage lawyer filed it in Fulton. Honestly, she did. I even asked the title company to send me a copy. The deed has the stamp of Cathelene Robinson, Clerk of Superior Court, Fulton County, Georgia.

Now if the filing is not legally binding since the mortgage company filed it in the wrong county, why should I even bother about changing it.

I, honestly, do not know what to do anymore. I do not want to let the mortgage company start running us around to correct its mistake.

[ScottGem]

So the lawyer for the mortgage lender filed it? So I say that it is not valid and the deed as recorded in Fayette county is. Is that deed as Joint Tenants with right of Survivorship?

Also how did you come to be aware of the circumstances?

[Xyzpdq0121]

Ya... This is a unique situation. I have known Fulton county to not know their elbow from their knee, but to allow a deed to be filed in their county, that is a new one. I live in Atlanta and deal with Fulton county on a daily basis, but this is a new low even for them. Something does not add up. I have access to all deed records and records. I do not want you to post your personal info here, but if you want to PM it to me, I might be able to look at what is really going on here.

{Editor's Note: Normally we do not allow solicitations for offline or PM contacts. But I'm going to allow that in this case as long as you post your findings to this thread (excluding personal info of course).-<>}

[ob151000]

Thanks Xyzpdq0121: I will like to PM it to you but I don't know what PM means let alone how to do it. If you let me know how, I will send you an electronic copy since the editor will allow it. After all, I understand that deeds are public records.

[ob151000]

By the way the last deed recorded in fayette county, and still uncancelled in fayette county records, is a joint tenancy with right of survivorship.

[ScottGem]

If you click on the name you should see a choice to Private message a person. If you don't then your membership is too new to PM.