If I have a quit claim deed but I’m not on the mortgage loan can I sell the property?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have a quit claim deed but I’m not on the mortgage loan can I sell the property?

My mother quit claim deeded a house to me in Elk Grove CA. I am not on the loan,
the loan was taken out by my mother and step-father, my step-father has no
financial interest in the home, he was never on the deed, and we are unable to
locate him. My mother can no longer afford the loan payments and quit deeded the
property to me. Can we sell the home.

Asked on July 10, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are the only person on the deed, you can sell the home, but will have to pay off the loan either before doing so or at closing: if the loan is not paid, you cannot transfer clean title to the buyer, since the bank will still have its mortgage and could potentially foreclose. There is no way to get around or eliminate the mortgage and the bank's interest but by paying the loan.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption