How To For Newbie (Please Help!)
Aunt and Uncle both are on the deed to property. Need to take Uncles name off of deed and add Mine. In the Grantee (buyer) address spot, does it matter who's address goes there? My aunts (Original Owner) or Mine which is different?
Also, I am married. Can we Remove my Uncle, keep my Aunt and add myself and my wife?
Thanx,
Will be doing this in the afternoon tomorrow.
You need to speak to a RE or Estate Attorney. Is the uncle deceased? Are you the executor of the estate? Is your aunt incapacitated and you are her guardian? If the uncle is deceased probate should take care of the deed issue.
First of all THANK YOU for the response,
Is the uncle deceased? No he's just a dead beat uncle is all. They are seperated, have been for 10 or more years. Her home has already been sold in foreclosure. I am purchasing it from the County Sheriff. I only have til Mar 4th to do so. He has no problem signing a Quit Claim Deed.
I just need to get him off the deed, and add myself and my wife.
Is your aunt incapacitated and you are her guardian? Naaaa, just not to smart when it comes to men and paying bills.
Greetings RYDOGG,
I’m a little confused. If she’s already lost the house in foreclosure, what does a Quit Claim have to do with it? They would both lose any interest that had in the property.
And if you’re buying it from the County (free and clear I’m presuming), you can do title however you want. Or, am I missing something here?
Lots of posts here about this:
Nobody can just "Remove" somebody else's name from any deed. Period!
Any person on a deed has to willingly sign the deed, or his name is not going to be removed, without some serious and expensive court action.
This being true, either the uncle will willingly sell his interest, or he won't.
If he won't, his ownership interest isn't going away.
Brings to mind a client once, an impoverished little woman, who brought in a deed she'd been sent by her "loving" sister back in IA, along with the sister's check for the generous sum of $500, for my client's sale of her ownership interest in deceased parents' home back in IA.
All my client needed to do, to collect this generous sum, was sign and return the deed.
Being naturally suspicious, I did a little research and learned my client owned half of a property in IA worth $100,000.
I advised my client to do nothing and just wait out the sister.
Soon the sister called my client and asked her why she hadn't signed and returned the deed.
As prompted by me, my client told sister she'd need to speak to me, so sister called me and learned she wasn't going to be stealing the house for $500.
Sister ended up paying my client nearly $50,000, 100x what she'd first offered.
Moral is you need to exercise care in your negotiating with Uncle, and if you try to stampede him, he may do what my client did, and this could cost you dearly.
YOU GUYS ON THIS SITE ARE GREAT!
I now have in my possession two Quit Claim Deeds. The one I'll file Monday is the one that removes my Uncle (Who willingly signed) and adds me, my wife and keeps my Aunt. I need to do this before I redeem the house from the Sheriff.
The other QCD I have is removing my Aunt and leaving just My wife and myself. This I'll keep just in case.
Both have been notorized.
Thanx A Bunch