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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

  1. 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

  2. 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.

  3. 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.

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