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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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