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Old 09-01-2015, 03:59 PM
 
1 posts, read 658 times
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My fiancé has filed a quite claim deed , as Joint Tenants WithRight Of Survivorship, because it paid down payment, closing costs and remodeled prior to moving in. The mortgage is in her name.
In the event of worst case scenario, can I prevent the sale of the home to recovery my investment?
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Old 09-03-2015, 04:22 AM
 
8,574 posts, read 12,414,714 times
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I can't understand your situation from your post. Try again...and details help.
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Old 09-03-2015, 08:41 AM
 
Location: Boise, ID
8,046 posts, read 28,481,404 times
Reputation: 9470
Agreed
Are both names on the mortgage? Are both names on the deed? Without that information, it is difficult to answer anything.

If you are on the deed, you can refuse to sell unless there is a court order. That effectively stops the sale. If you aren't on the deed, theoretically you could file a lien against the property to get your money back out when the property does sell. If you aren't on the deed, you may not be able to stop the sale, but I suggest you talk to an attorney about whether a lis pendens could be filed. I don't deal with them, so I don't know if you have any grounds for that or not.

Oh, and the term is "quit claim". She can quit her claim on the property. So if she owns it jointly with you, she could deed her share to you or to someone else. But you said she filed it because filing it paid the down payment, closing costs, etc, and that doesn't even make sense. Try again.

Maybe your fiancé already owned this property and is quit claiming part of her share over to you, instead of being just her.

I just don't understand the sequence of events here
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