Legal Question in Real Estate Law in Mississippi

quitclaimdeed

my mother is on the mortgage with my husband and I. We have filed a quit claim deed at the courthouse. Now my mom is terminal with cancer and my question is, will we be held responsible for her dept , ie. credit cards, ect. and can any of her creditors put a lean against our home after she is deceased?


Asked on 5/19/09, 3:24 pm

2 Answers from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: quitclaimdeed

By statute, conveyances of land made to defraud creditors may be declared void. Miss.Code Ann. 15-3-3 (Rev.1995). Two exceptions are conveyances that are made "upon good consideration" and conveyances, although fraudulent, which are made prior to the incurring of a debt with a creditor. Miss.Code Ann. 15-3-5 (Rev.1995). However, a conveyance, although fraudulent, and made prior to debts being incurred with subsequent creditors may be set aside if the conveyance was "with intent to defraud" those subsequent creditors.

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Answered on 5/22/09, 2:58 pm
Albert Pettigrew Law Offices Ph 228-875-8736

Re: quitclaimdeed

After sending the previous response I found that Section 15-3-3 has been repealed and replaced by the "Uniform Fraudulent Transfer Act" which is more specific and favorable to creditors. Sections 15-3-101 et seq. of the Mississippi Code Annotated. which can be viewed at the Mississippi Secretary of State's website

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Answered on 5/22/09, 3:54 pm


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