Wednesday, May 26, 2010

We are going to lease a home, they want us to sign a quitclaim to be listed on the title and pay the

We want to know if this is legitimate, because they tell us that by being on the title they will refinance the house in our names and give us full title, next year. We basically have low credit scores and really wanted the house before someone else bought it so an investor bought the house for us. We are just not sure how much ownership the quitclaim really gives us, like does it keep them from selling the house or taking out any further loans or adding someone else to the title? Please advise.



We are going to lease a home, they want us to sign a quitclaim to be listed on the title and pay the mortgage.

Talk to a Title company or bank the can give you exact answer for free



We are going to lease a home, they want us to sign a quitclaim to be listed on the title and pay the mortgage.

Ownership of real estate is established by law and each state%26#039;s real estate laws are unique and the actions of the citizen by virtue of actions and or inactions or instruments can provided for rights to the property in question. Interest in a property can also be acquired through court action and a ruling of the court. A quit claim deed that is provided to another party by a purported property owner merely conveys the interest of the purported property owner %26quot;if any%26quot; to the recipient. If they do not have any interest in the property no interest passes but perhaps color of title is then established. If on the other hand; if the purported property owner has an interest it then passes subject to any and all other interest and encumbrances on the property. As you can see this is merely a simple opinion on an extremely complex issue of law and as such I recommend that you seek competent legal advice from a local licensed real estate attorney in your area. If you wish to find such counsel go here:



American Bar Association: http://www.abanet.org/about/ or http://www.abanet.org/statelocal/home.ht...



Buena Suerte



We are going to lease a home, they want us to sign a quitclaim to be listed on the title and pay the mortgage.

This is how I see your situation working...First, ownership of the home and responsibility for the mortgage are two separate things. (I am setting aside the fact that the lender technically owns the home for the sake of argument.)



As far as the mortgage is concerned, both you and the investor are listed as equally responsible on the mortgage for the home. The investor is essentially acting as a cosigner using their good credit to compensate for yours in getting the deal approved. Next, as far as ownership is concerned, the investor could quitclaim the deed to you making you the sole homeowner.



This does not remove the investor from responsibility for the mortgage but establishes you as the sole owner of the home. They cannot sell the house because it is no longer theirs. They cannot add anyone else to the title since they have quitclaimed the title to you.



Now they will not be able to refinance the home either since to do this they would need to show the new lender that they still have title to the home, which they don%26#039;t because they quitclaimed it to you.



Only you can refinance the home which you may or may not be able to do given your poor credit. After a period of time of making mortgage payments your credit may improve to the point where you might qualify for your own mortgage. Once approved, you would own the home and have sole responsibility for the mortgage.



So it sounds like they are helping you become homeowners but only you know what it is costing you or what the investors are making in your deal.

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