Title Issue

I have a property in California that my mother lives in, I reside in Nevada, the loan is under my name but I quitclaim on property to my sister because she stated she will buy the house in few months and I will not be responsible for this property any longer, but it has been years that she hasn’t get a new loan or has any attention of changing the name on the title and it is effecting my credit. She is the one that paying the mortgage but name on the loan is on my name, I want to refinance the house to lower the mortgage payments so we can pay off or sale the house. Can I Refinance or sell the house or recall quitclaim?

Asked on October 12, 2017 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you quitclaimed the home to your sister, you are no longer the owner of the home: you gave up all your rights in and interests to the home to your sister. While you remain obligated under the existing mortgage, which is a contract between you and the lender, since you do not own the home, you have no right to refinance. You also cannot "recall [the] quitclaim"--once you give something to someone (e.g. quitclaim your home to your sister), you have no right to undo that or get the property back. You gave your property unconditionally to your sister without getting anything in return but a likely unenforceable promise.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.