We have quit deed. Can we sell the house even if we don’t hold the mortgage?

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We have quit deed. Can we sell the house even if we don’t hold the mortgage?

Grandmother quit deed to house to my
husband. She still holds the mortgage but now
has dementia. We want to now sell the house.
Do we need her signature to sell the property?

Asked on November 12, 2016 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, if the deed is in your name and your grandmother is no longer on the deed, you may sell the house without her signature: the people on the title of a home are the ones who decided whether and when to sell. However, even thought the mortgage is in her name, you will have to pay it off no later than at closing (e.g. with the proceeds of the sale): if you don't, you can't provide the buyer with good title, since the mortgage is a lian on the home.


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