Legal Question in Real Estate Law in Nevada

signing a Claim Deed on a property going on foreclosure makes me the new owner? will the bank recognize me as th new owner?


Asked on 8/04/09, 11:12 pm

1 Answer from Attorneys

Do you mean a Quitclaim Deed? A Quitclaim Deed transfers only what the grantor owned. If the grantor owned nothing, you get nothing. If the grantor owned only a 50% interest, you get only a 50% interest.

The bank will recognize you as the new owner of whatever the grantor owned. If the mortgage contains a due-on-sale clause (most do) the bank will have the right to call the loan due and payable in full because of the transfer to you, unless you obtained the bank's consent to the transfer in advance. If you did not, the bank now has more grounds for foreclosure.

When/if the bank forecloses, your interest under the Quitclaim Deed is wiped out.

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Answered on 8/10/09, 9:07 am


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