Deed Transfer Process On Unencumbered Property

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Hi everyone,



My parents are divorcing, and due to the fact that my mother is disabled, my husband and I are going to live with her in their home to help care for her.



As part of their dissolution settlement, my parents have agreed that my mom will retain the property. However, my mom is not able to write very well and has asked my dad to deed the property to me solely rather than putting the deed in both my name and her name. Currently, the deed to the property is part of a family trust, but we have been advised that the trust will be void when the dissolution is final.



I have several questions regarding the transfer of title. One question is since the property is paid off and is being gifted to me, how do my father and I go about transferring the deed into my name? Do we use a title company, attorney, or do it ourselves? Will the type of deed matter if the decision is made in the future to sell the property? Also, does it matter if the release of mortgage has not yet been recorded?



Thanks in advance!

Comments(4)

  • joel12th January, 2007

    Get a judgement in her name first. Then she CAN"T move unless she pays you.

  • rglover54813th January, 2007

    Thats a good idea! Get a judgement against a Sec 8 renter. Now thats funny. Legally, the Sec 8, renter still owes you for the rent. HOWEVER, in the real world!, HUD will not cover or ever pay you back for this amount.
    I would bet they told you a hundred times that they wouldnt pay during non inspection periods.
    Ive lost at least 2 or 3 months rent myself during the HUD inspection/Non payment period, it sucks and the landlord really doesnt have any reasonable recourse. But im surprised both of you missed the inspection, they usually call the homeowner also.

  • rglover54820th January, 2007

    Gino, you will waste your time. But maybe your city is different. In new orleans, pre or post katrina, it would take 2 days before you even got to talk with someone, and thats if you knew your case worker. The only way to get something done, or looked into, is to walk-in and waste half a day.

    But you missed 2 months, what did you do after the first check stopped? that would have been notice enough for me to look into it.

  • bgrossnickle21st January, 2007

    Even though she is a Section 8 tenant, your lease is with the tenant. If she does not get her section 8 money, it is like she lost her job. Sad story, but you are still owed your rent. Sure, try to get it from section 8, but it is her responsiblity to pay the rent.

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