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Old 07-14-2012, 10:42 AM
 
1 posts, read 2,576 times
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question my father passed my sis is the deed holder and im the excutor of his will i pay the morgage n taxes so the will is open to all sisters that everything gets split among us does my sis deed holder have a right to kick me an my kids out of the house she could not afford the morgage so i take care of the house ?
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Old 07-18-2012, 11:05 AM
 
Location: southwest TN
8,568 posts, read 18,116,372 times
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OP, you absolutely must seek the advice of an attorney. There are too many issues left unanswered for anyone on here to accurately figure out what the situation is. You should probably see either the attorney who advised you to give your sister the quit claim deed or the estate attorney, if any. If they are unable to help, contact your county Bar Association Lawyer Referral Service for a low cost initial consultation.
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Old 09-25-2013, 03:46 PM
 
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Husband and I are divorcing, okay if he sells our home, who gets the refund of sells. Im not on mortage note, but we both are on the deed? Im not signing a quit claim deed, because I think, house sells, I am entitled to half or some of the refund from selling home, Will refund check also be made to the both of us? I want to know if Im correct or wrong? Please any information greatly appreciated, Thanks!!
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Old 01-19-2014, 02:29 PM
 
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I am separated and headed to divorce fall of this year. I am on the deed with my husband and he is the only one on the note. I want to keep the house. If I get a quit claim deed will I still have to go through a traditional process to get the mortgage in my name? He is military and has a VA loan. I am in the process of fixing and building my credit and growing my income with more work. Does that matter?
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Old 01-19-2014, 02:35 PM
 
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Bluerain59 - I believe you will get half of the equity on the home. If you don't want the home and only want your half then no one should sign a quit claim. Just wait til the home sells and make sure your divorce papers stipulate that all proceeds from the home are split equally. Still ask more people who know more than me but yours seems simple and strait forward.
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Old 01-19-2014, 07:23 PM
 
4,676 posts, read 9,997,426 times
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OP............

First, you PERSONALLY are not responsible for the debts of your father's estate.

This is normally what happens... a simplified version

All debts are added up.

Cash assets are used to pay off as much debt as possible.

If there is still a debt balance, then hard assets such as real estate is sold to pay the balance of the debt.

Any cash remaining after all debts are paid is split as specified in the will.


Was there an appraisal done on the house after your father's passing?

You have to make it clear to your sister that she has to sell the house at market value. Period!

While I understand and can appreciate your wanting to do the right thing and follow your father's wishes, you cannot as the finances of the estate do not allow it.

Any chance there is mortgage cancellation insurance on the house? Could be rolled into the mortgage.
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Old 11-21-2014, 05:43 AM
 
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I have a similar case that I need help with.
Home owner in a gated community with a HOA has abandoned the property and the HOA subsequently takes title in its name.
HOA desires to sell this property instead of having it locked up and also to collect past due Fees.
HOA lists the property with a realtor and it is on the market, however, the note borrower is no where to be found.
How can the HOA sell this property without the original owner / borrower, given privacy laws etc
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Old 11-21-2014, 07:47 AM
 
Location: Raleigh, NC
19,446 posts, read 27,855,486 times
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Actually, the last attorney I would consult is the one who helped the OP with the estate. Having the OP sign that quit claim deed was truly awful advice.
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Old 03-25-2015, 05:32 PM
 
1 posts, read 1,427 times
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Default poa and family feaud

i have a question i have a family feud going on my in laws put there sons name on the deed to the house and property his sister has power of attorny and is trying to put her name back on the deed all three people have to give permission and one says no is it possible for her to be put on the deed again sorry if i'm doing this wrong just need fast answer please and thank you
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Old 03-25-2015, 07:58 PM
 
4,565 posts, read 10,661,041 times
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Quote:
Originally Posted by karen mccaslin View Post
i have a question i have a family feud going on my in laws put there sons name on the deed to the house and property his sister has power of attorny and is trying to put her name back on the deed all three people have to give permission and one says no is it possible for her to be put on the deed again sorry if i'm doing this wrong just need fast answer please and thank you
There could be several answers to your question depending on the circumstances. The answers to your questions will depend on the specific way the title is vested.
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