Skip to main content

Does a Quit Claim Deed transfer the right to defend a foreclosure case?

Winter Haven, FL |

QCD language.

... does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel land ...

To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever for the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever.

Attorney Answers 3

Posted

You'll want to speak with a local foreclosure attorney to determine whether or not you'll be able to enter into the case and defend it. There are arguments going both ways if you were deeded the property after the Lis Pendens was recorded. The Bank can argue that you are a purchaser with knowledge of the pending law suit and have no right to defend it. There are several Florida Supreme Court cases following that line of reasoning but they're rather old and pre-date the new rules allowing everyone with an interest in the lawsuit to be a party to the suit. Florida Courts generally allow new defendants with an interest in the property to enter and defend the case which it appears would apply to you. However, it will be fact specific so it's best to first speak with an attorney as this is in no way intended to be legal advice.

The advice above is not intended to be legal advice

Mark as helpful

2 lawyers agree

4 comments

Asker

Posted

Can you specify the rules you're referring to? Are they in the FRCP?

Tyler Daniel Brown

Tyler Daniel Brown

Posted

FRCP 1.210(a) " All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person‘s presence is necessary or proper to a complete determination of the cause"

Asker

Posted

Good information, thank you. Can I motion to have myself added as an indispensable party, or is there another method to accomplish this? Also, is it a requirement that the QCD be recorded first?

Tyler Daniel Brown

Tyler Daniel Brown

Posted

I would recommend speaking to a local attorney if you're going to be entering into the case.

Posted

It is likely that a quitclaim deed does NOT give you the right to defend a foreclosure action.

You were not a party to the mortgage. Most mortgages are not assignable without the prior approval of the lender. And, the quitclaim deed in and of itself may give rise to a right to foreclose since it is a transfer of ownership interest likely prohibited by the mortgage agreement.

You should take the deed and mortgage documents to a local attorney to review.

I am not a FL 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.

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

Would I be able to defend the "facts" of the case, such as the Notice of Assignment was file a couple months after the Complaint was filed? ..... The 4th District Court of Appeal, in the case of McLean v. JP Morgan Chase, ruled that the plaintiff in a foreclosure must prove it owns and holds the note at the time the foreclosure case is filed. In the McLean case, the appellate court reversed the trial court’s entry of summary final judgment in favor of the bank because the bank failed to provide evidence that, at the time the case was filed, it “obtained its rights and standing to proceed in this cause” prior to the filing date. Instead, it presented to the trial court an Assignment of Mortgage dated three days AFTER the case was filed.

Posted

In short, it might. There are so many variables that might effectuate the transfer, that I cannot go into detail. My suggestion is to consult with an attorney in your area in regards to this.

This information is for educational purposes only and is not to be relied upon as legal advice, legal opinion or as a complete answer/information to/for this discussion. You should always seek competent legal advice from a licensed attorney in your area for help with your specific legal question. No attorney - client relationship is created, intended or should be construed upon from this general discussion. For a free consultation, you may contact me at (305) 320-4LAW.

Mark as helpful

1 lawyer agrees

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics