Real Estate and Home Mortgages - Filling out a Quit Claim Deed
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FortyPoundHead
03-13-08, 06:41 PM
Wow. Looks like I stumbled across a great community!
I do have a question about Quit Claim deeds.
Recently, my mom passed on. Mom was a co-owner of our home. This was done on purpose, since mom had the big C, and had to come live with us so we could care for her. Her old house was sold, and between us, a new larger house was purchased.
The mortgage and deed both have her name on them. For example, on the assessors records, the names appear thusly:
Husband & Wife & Mom
The mortgage company, Countrywide, requires us to file a quit-claim deed with the county, which I have no problem doing. I just don't want to pay a lawyer $1,000+ to fill out a piece of paper, and $10 to file with the courthouse.
My question is, do all current owners need to appear under the GRANTOR(S) section, then just the wife and I under GRANTEE(S)? Or should it just be Mom under GRANTOR(S)?
Any ideas muchly appreciated.
I do have a question about Quit Claim deeds.
Recently, my mom passed on. Mom was a co-owner of our home. This was done on purpose, since mom had the big C, and had to come live with us so we could care for her. Her old house was sold, and between us, a new larger house was purchased.
The mortgage and deed both have her name on them. For example, on the assessors records, the names appear thusly:
Husband & Wife & Mom
The mortgage company, Countrywide, requires us to file a quit-claim deed with the county, which I have no problem doing. I just don't want to pay a lawyer $1,000+ to fill out a piece of paper, and $10 to file with the courthouse.
My question is, do all current owners need to appear under the GRANTOR(S) section, then just the wife and I under GRANTEE(S)? Or should it just be Mom under GRANTOR(S)?
Any ideas muchly appreciated.
marksr
03-14-08, 05:54 AM
I'm no expert but when I got divorced in 1982, me and my [ex] wife conveyed the property over to me.
JavaBob
03-14-08, 06:36 AM
your local/county court house should be able to help you with the form you have to file it there anyway
slumlordfrank
03-14-08, 09:22 AM
OK, quit getting legal advice from a MORTGAGE company. Especially COUNTRYWIDE.
Has your Mom's estate been probated? I think that is the first step. Other than that why would the mortgage company even care how the house is titled?
You need to talk to an attorney about probate first. In fact I'm not sure I would do anything about taking Mom's name off the deed. The (IIRC the term is) Letters Testamentary will be used to change titles.
Ignore anything a bank tells you about LEGAL stuff.
frank
Has your Mom's estate been probated? I think that is the first step. Other than that why would the mortgage company even care how the house is titled?
You need to talk to an attorney about probate first. In fact I'm not sure I would do anything about taking Mom's name off the deed. The (IIRC the term is) Letters Testamentary will be used to change titles.
Ignore anything a bank tells you about LEGAL stuff.
frank
Bruce H
03-14-08, 05:56 PM
Sorry about your Mom.
Frank is absolutely right. You need a lawyer if you are the Personal Representative. There are things that just are not DIY and this is one of them, IMHO.
I am the Personal Representative for my uncle's estate. He passed away last October and I started out thinking I could do this myself. I spent a while reading books and reading online and it took me about 2 weeks to figure out I needed a lawyer. After seeing now what is involved in the process, I sure am glad I have a lawyer. No way I want to screw this up, just too much at stake.
Frank is absolutely right. You need a lawyer if you are the Personal Representative. There are things that just are not DIY and this is one of them, IMHO.
I am the Personal Representative for my uncle's estate. He passed away last October and I started out thinking I could do this myself. I spent a while reading books and reading online and it took me about 2 weeks to figure out I needed a lawyer. After seeing now what is involved in the process, I sure am glad I have a lawyer. No way I want to screw this up, just too much at stake.
FortyPoundHead
03-20-08, 03:46 PM
Thanks for all the great replies.
I ended getting the assistance of an attorney, and found that Kitsap County Treasurers office doesn't have a hard and fast rule regarding whether all listed grantors appear on the grantor line.
Also, with his generous help, the whole thing only cost me $42 for the recording, $10 for the treasurer, and another $50 for expedited processing.
Thanks again for all the helpful responses.
I ended getting the assistance of an attorney, and found that Kitsap County Treasurers office doesn't have a hard and fast rule regarding whether all listed grantors appear on the grantor line.
Also, with his generous help, the whole thing only cost me $42 for the recording, $10 for the treasurer, and another $50 for expedited processing.
Thanks again for all the helpful responses.