Are quitclaim deeds a legal and binding claim to half interest in a home with a mortgage on it?



Answer:
Quitclaim deeds are legal, but they can be easily defeated by legitimate claims of superior title, like a properly recorded warranty deed. Mortgages remain on property even with changed owners - all that changes is who the bank goes to first for satisfaction.

In any event you are best served by shelling out a few bucks for a proper title search rather than getting a quitclaim and having to litigate it later.


You can give away that portion of the home that you own, but it doesn't make the mortgage go away or erase your obligation to pay the mortgage.

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