Legal Question in Real Estate Law in Florida

Quit Claim Controversy

Can I quit claim my house over to a relative in order to avoid any chance of losing it due to a possible lien for an unpaid unsecured loan?? Thanks in advance.

Asked on 1/01/08, 10:22 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Quit Claim Controversy

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can quit claim your home but it will not save it from a foreclosure. The secured loan will remain on the house. The transfer of the property is probably a breach of your mortgage and may hasten the foreclosure instead of avoiding it. You need to consult with a qualified attorney to review your situation and discuss your options.

Scott R. Jay, Esq.

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Answered on 1/01/08, 10:50 pm

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