Legal Question in Real Estate Law in Florida

Quit claim deed

My ex-husband, who is a veteran, wants to assume the loan on the house and the VA is saying I need to quitclaim it over to him in order for him to assume it. Can a quitclaim be disputed (or challenged) later on? I'm hesitant about quitclaiming it over to him. My other main question is, can I put on the quitclaim deed that this is only for him to assume the mortgage, like ''so and so to assume the mortgage''?


Asked on 3/21/08, 6:12 pm

1 Answer from Attorneys

Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Quit claim deed

A quit claim deed cannot be rescinded or challenged by the grantor (i.e.-you) at a later date if you don't like the result. You can add an Assumption Clause to the Quit Claim Deed which specifically states that the grantee (i.e.- you ex-husband) assume the mortgage. You must identify the original mortgagor (i.e.-bank), the mortgagee (i.e.- borrower) the date of the mortgage, the date it was recorded, the book and page number it was recorded in, and the original balance of the mortgage. It sound to me like you are getting bad legal advice or you are getting scammed. I recommend that you demand that he first refinance the mortgage in his name only as a condition of you quit-claiming you home to him. Both of these actions can be done at the same time at the closing for the re-fi. I would speak to a local real estate attorney before taking any further action.

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Answered on 3/21/08, 6:21 pm


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