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Will I need to file a Quit Claim Deed
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Driver     Reply with quote
My most recent MRl scan revealed an abnormality in the area of the cerebellum within the fourth ventricle.At this time l have no medical coverage and have been trying (forever) to get social security disability, and l will soon be on my way to Mayo Clinic in Rochester, Minnesota for the second time as this not the first brain tumor that I've had.

My question is in regards to a quit claim deed on my home.Although l still owe a great deal on my home (the bank still owns it), will l need to quit claim it to a relative so l will still have it after the costly surgery at Mayo?Many thanks and bless you.


First and foremost...Thank you all for your warm and sincere comments.Comments such as these warm my heart and are very appreciated.Additionally, l will follow your suggestions as to what to do in the very near future.Again, thanks so much.
dwi     Reply with quote
l am sorry for the position you're in.

You can not quit claim a property to someone who is not already a part owner. And it does not negate the mortgage.

It is my understanding of a quit claim that it is done when more than one person owns a property. One quit claims the property to another person who is already on the deed. It can be a divorcing couple or siblings who have inherited family real estate.

Perhaps Mayo will have counseling services that can make u aware of possible grants for people facing such costly medical treatment.

Best of luck to u in all ways.
Gadget     Reply with quote
A quit-claim deed is a document that u file in order to cede (give up) any & all rights to deeded, or titled property. If u sign one u have given up all rights to the house, the land, & any other portions of the property improvements. You would be better off by putting the house into a life estate trust for ur family, with u as the head of the trust. A good attorney can get this done for you. This will allow u to live on the property, & maintain it as ur own until u die. Then, ur heirs will have the same rights, but may not sell it without the permission of the trustee. This is a much better solution because u never know what a relative might do ''in ur best interests'' when something as valuable as a bank account or real estate is involved. While u probably trust ur family with ur life, u should NEVER trust anyone with ur life savings by absolving ur rights to the property. And u have my prayers for a speedy recovery.
Drunk     Reply with quote
First, may l say l hope u get well soon. l am kind of reading between the lines so to speak - do u have a relative who could actually ''buy'' the house from you? Then the mortgage would be in their name & u could remain on title with them. A good realtor would do the paperwork for almost nothing ( l would & l am a MN realtor) It is the only way l can think of to own ur home but get the mortgage out of ur name in the event u get into medical trouble. Hope that helps (see what happens when l think out loud)
Coach     Reply with quote
States are on to all tricks to hide assets, which is felony fraud. They will detect this right away.

You will not loose your house, they place a lien on the house, they do not take it.
Kim     Reply with quote
What l would suggest is having an attorney. This is too complex an issue to just ask a bunch of ian is their opinions. While it is free, you do understand you get what you pay for. You need to know what other options you may have legally to protect your home. Please be smart and consult with an attorney.
Lostyo     Reply with quote
l am very, very sorry for your diagnosis.

The problem is if you quit claim the house over to a relative, you no longer own it, and the relative, legally, does not have to sign it back over.yet the mortgage is still in your name.

So you really, really have to trust this relative.

Bobyer     Reply with quote
A previous answer correctly stated what a quit claim deed does. However, lending institutions have clauses to call the loan should u either sell the property or transfer ownership.

If u continue to make ur mortgage payments, ur health issues should cause no problem with ur continuing to live in ur house. Most states prohibit the placing of liens on ur residential house for such things as health debt. They can not force u out of ur property because the bank has the first mortgage.

You can often may payments on ur health treatments the way u pay any other debt.

l do not see any reason for u to worry about this or take any action on ur property.
Kickshaw     Reply with quote
l would suggest a trust, where you can set out everything in advance for anything that will happen in the future. Hey, your survived the first one, right?

Plus it normally included a Power of Attorney.

They do not take the house from you, but they will lien it.

And a quitclaim deed screams '' l am trying to hide my property'' in your situation.

Good luck.
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