How to get Quit Claim

[Ziminy]

What is the name of your state? Florida

I own a house with a friend. We want to remove his name from the Deed.

How do we get a Quit Claim form?

Where do I go to get it?

Where do I file it?

I cannot afford a lawyer, so please dont tell me to get one. Thank you.

 

[nextwife]

Is this friend also on the mortgage? If so, is he aware that the ONLY way to remove his legal obligation to the lender is by the other parties refinancing that loan to remove him?

 

[Kristin36]

Nextwife is absolutely correct. Unless you refinance, that paper isn't worth squat. As far as obtaining the form, most local office supply stores have them or you can try to obtain a copy from the clerk's office at the courthouse. That is also where you file it.

 

[HomeGuru]

Nextwife is absolutely correct. Unless you refinance, that paper isn't worth squat. As far as obtaining the form, most local office supply stores have them or you can try to obtain a copy from the clerk's office at the courthouse. That is also where you file it.

**A: do not advise people to buy deeds at the office supply store.

 

[Kristin36]

I'm sorry. The clerk's office at my courthouse told me to get it at our local office supply store--they don't supply them. I didn't think it was wrong since that's how it is done where I live.

 

[HomeGuru]

I'm sorry. The clerk's office at my courthouse told me to get it at our local office supply store--they don't supply them. I didn't think it was wrong since that's how it is done where I live.

**A: were do you live, North Pole?

 

[Kristin36]

Worse. Indiana.

 

[HomeGuru]

Now that's funny.......

 

[Kristin36]

Yup. Us small-town, backwoods, nothing but cornfields, cows and horses for miles people ain't got it as good as ya'll big city-fied people. We still be in the stone ages in some respects--and courthouse papers and such qualifies.

 

[HomeGuru]

Yup. Us small-town, backwoods, nothing but cornfields, cows and horses for miles people ain't got it as good as ya'll big city-fied people. We still be in the stone ages in some respects--and courthouse papers and such qualifies.

**A: fyi, I live in the country too.

 

[Ziminy]

He is on the mortgage. I would refi the house if he does the quit claim. Yes he knows he is still obligated to the loan if I dont refi.

Why would the quit claim be worthless if I dont refi?

 

[Kristin36]

Because he would still be legally responsible for the mortgage should you default. If he would get into financial problems and someone gets a judgement against him, they could put a lien on the house that would have to be settled/paid before the house could be sold, or the same for you. All a quit claim does is say that he is giving up his interest in the house, but there are still other legal ramifications possibly involved.

Since you are going to re-fi, you have no worries. Call the clerk's office at the courthouse. Find out where to get a blank quit claim deed. Both of you fill it out, have it notorized, file it at the clerk's office and re-fi as soon as possible. Best of luck to you.

 

[dworrill]

Your friend should seek professional advice, if he is willing to attempt to detach himself from an investment and yet still be stuck with a mortgage

DAM

 

[Ciarraine]

He is on the mortgage. I would refi the house if he does the quit claim. Yes he knows he is still obligated to the loan if I dont refi.

Why would the quit claim be worthless if I dont refi?

refi the house in your name. At closing, the new lender will stipulate a quitclaim deed or even a warranty deed from your friend in favour of the remaining owners. Your title/escrow agent will prepare a locally acceptable QC deed to do this. If you file the quitclaim before the refinance, you'll activate the due on sale clause of your current mortgage.