Carlos...
A Quit Claim Deed is considered by most abstractors as a "red flag". It means something out of the ordinary took place (at least as far as we abstractors are concerned). Usually, it is exactly as you say - between a parent and child or divorced spouses. The lien holder or mortgage company has very little control over the ownership. Usually the only recourse they have, IF specified in loan documentation, is to call their loan due and payable upon transfer. The mortgage is a lien upon the property first and foremost. It is secondarily a personal lien - meaning the promissory note is guaranteed by the signors of the note. Foreclosure of a lien will take place irregardless of who the owner is. It is not deceit to exeucute a quit claim deed but just an act of circumstance, usually. . That is a overly simplistic answer to your question - but I think it will help.
Ellen
to post a reply:
login - or -
register