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Jacqueline Alicia Salcines

How to remove your name from title and transfer property through Quit Claim

The transfer of a property by virtue of a Quit Claim Deed removes the person from title, however does not relieve the person from a mortgage debt or obligation under the terms of the Promissory Note. Often times, borrowers believe that by filing a Chapter 7 bankruptcy or Chapter 13 to include the mortgage debt, that they have in fact delivered the property or title to the bank that holds the mortgage. However, this is not the case.

The bank must still go through the foreclosure procedure in order to obtain a judgment to sell it at auction, and have the certificate of title transferred to it.

Moreover, a quit claim deed while removing one or several persons from title, does not remove any other lien nor relieve the borrower from any other debt against the property.

Anyone interested in finding out about the consequences, requirements and effect of a quit claim deed should speak to an attorney prior to signing, to make sure the final desire is addressed by a quit claim deed.

The first consultation is always free of charge.

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