Can I file Quitclaim Deed to the mortgage holder?

Asked over 1 year ago - Las Vegas, NV

My debt is discharge in BK7 but the bank doesn't want to foreclose no NOD yet as well. To remove my name from the tile can I file Quitclaim Deed and the grantee to be the bank. Is this possible at all ? How Quitclaim Deed works in this situation?

Attorney answers (3)

  1. Dheeraj Kumar Singhal

    Contributor Level 13

    1

    Lawyer agrees

    1

    Best Answer
    chosen by asker

    Answered . Although you can physically quit claim deed your property back to your bank, it probably will have no legally binding effect. The bank will argue that there was no acceptance. You can contact the bank and request a deed in lieu of foreclosure. This allows the bank to receive the deed back and you are no longer liable for any expenses relating to the property.

  2. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . No, you cannot.

    A deed is not effective unless accepted by the bank.

    Short selling is the easiest way out. Other possibilities are a Chapter 13 plan that vests the property to the bank, or a quiet title action to vest in the bank. But the short sale will cost you less.

    Our office can help with this; we handle them regularly.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This strategy will not be effective, so don't waste your time. Contact a local realtor about short selling the property & you may be entitled to a bonus from the lender, unless your bankruptcy trustee is planning on doing the same thing to get money for your creditors. Check to see if your bankruptcy case has been closed, which is a step beyond a discharge. Hope this perspective helps!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,658 answers this week

2,995 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,658 answers this week

2,995 attorneys answering