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Are quit claim deeds a good idea for a house with a lean on it?

District Heights, MD |

We don't know if we should take ownership of this house because of lean on it. The owner is now deceased and we live in the house. The next of kin has offered to let us have the house. We know we need to sell it but don't have the money for fees associated with selling it. Is there a way for us to drawl up a contract so we get the money from the sale but none of the legal responsibility?

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Attorney answers 3


No. Not until you have further investigated the nature of the lien, and the state of affairs for the owner's Estate. If the debt secured by the lien is not paid out of Estate assets, the lien will follow you, and you could lose the home because of the lien. The lien might even exceed the value of the house. And you are describing a very expensive series of transactions, especially if you are not a blood relative or heir. There is nothing attractive about what you are describing. But a lawyer migh help you make this into something that you can live with, depending on what is going on with the Estate.



Ok so we should call the mortgage company and then go from there. We are the deceased's family (Grandson and his wife). I definitely agree that we need a lawyer. I will seek one out. Thank you.

Thomas C Valkenet

Thomas C Valkenet


And remember that the mortgage company made a loan to your grandfather, not you. A change in ownership may trigger a "due on sale" clause in the loan documents. You may have to qualify for your own mortgage, with your own credit.


You need to consult w an attorney before you do this. Give me a call if you want to chat.


I was originally going to say NO - but upon further reflection, my answer is that it depends.

It is my understanding that you are being offered ownership of the home (at no cost), that the home has a lien on it, and that you want to flip it. Thus, it becomes a cost benefit analysis: What is the value of the home versus what is the amount of the lien? If the home has sufficient equity, then you could sell it, pay the lien and earn some money. If the home has little or no value, then don't take on the headache and the responsibility of having to pay taxes, etc. if the home does not sell.

Before doing anything, you should have a title search and judgment search performed to ensure that there are no other liens, unpaid property and estate taxes, etc, that might reduce the equity in the home.

I am not a MD attorney, laws vary from state to state, therefore you should always consult a local attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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