QUESTION

Can I sell the property with a quit claim deed and does he receive any interest?

Asked on Aug 28th, 2017 on Bankruptcy - North Carolina
More details to this question:
My ex-husband signed a quit claim for our home after we were divorced. The mortgage is still in his name only. I have made the payments for many years now. Can I legally sell this property and will he gain from the sale? Also, what will happen if he dies? Can the lender repossess the home since the mortgage is only in his name?
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1 ANSWER

Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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If the mortgage is not paid, yes the home can be foreclosed on. You can sell the property. Presumably there should be no title issues since you and your ex used a mortgage to purchase it, but if there was anything that happened after that sale, it could cause issues with the title.
Answered on Nov 02nd, 2017 at 12:16 PM

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