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Posted by steele in minnesota on February 17, 2006 at 07:53:58:
In Reply to: Wanting out by July '06 posted by sue on February 16, 2006 at 21:01:28:
: When I bought my home I had a quick claim deed completed which gives my husband no rights to the property--or so they told me. I make the payments and take care of other bills--he is still here and I want out--can I sell without his consent as the mortgage company also listed his name on the mortgage? I live in North Carolina- if anyone know what I can do--please let me know. By the way, he is still living here. Screwed up situation--indeed.
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Don't just talk to a title company. These are questions for a real estate attorney.
Having said that, the general rule in most areas is that it takes one to buy but two to sell. However, that quit claim deed could (should) be a deciding factor. One doesn't have to have ownership to be on a mortgage. Ask parents co-signing on the kids' mortgage.
Not an attorney but I think you can sell without him. The mortgage company really doesn't have a say as long as they are paid off.
But double check this with local legal beagles. Real estate beagles, of course :>)
Steele V. Propp
Foreclosure Specialist
Schatz Group GMAC Real Estate
Minneapolis, MN
steelep@aol.com
Minneapolis, Mn
