Lady Lake, FL asked in Real Estate Law for Florida

Q: i have a quick claim deed on my house and i wanted to know a few things.

1 does the mortgage company have a copy of this

2 will this give my son who is on the quick claim deed the right to sign any papers sent by the mortgage company. for example a modification on the house. i do not want anything to do with the house since i bought it for him and his wife. this is why i got the quick claim deed.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The term is "quitclaim deed". I assume that you mean to indicate that you conveyed the house to your son by a quitclaim deed, and that the deed was recorded. If so,

1. the mortgage company, if it checks the recorded instruments, will know about it; and

2. your son, as the record owner, can sign documents affecting his interest in the house.

But remember: you signed the mortgage note. This means that you are still liable on the mortgage.

Richard Paul Zaretsky agrees with this answer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: If you bought the property via a loan from a mortgage company and then you deeded the property to your son then he is the owner of the property. However he is most likely not on the loan. Therefore he has no legal right or ability to do anything with the loan. He cannot modify it. He can send payments in that the mortgage company will most Likely accept.

Hope this helps. Good luck.

Richard Paul Zaretsky agrees with this answer

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