Legal Question in Real Estate Law in Wisconsin

With a Quit Claim Deed, can the Original deed be transferred to some one else even if there is a mortgage and a lien on the house? The person it is being transferred to does not care that there is either of these things. It would be transferred from my fiancé to myself. I just want it out of his name so his kids have no say over it.

Asked on 1/26/18, 7:01 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Real estate conveyancing is tricky, even for experienced lawyers, so do not risk messing up your title and failing to achieve your transfer objectives with an ill advised, homemade deed. Merely transferring possession of an original signed document which transferred the property to you has no legal effect, if that is your question. Transferring a mortgaged property to someone else can change the title to their ownership, but only subject to prior interests such as the mortgage you mention. However, doing that might trigger a "due on sale" clause, if one of those is present in your mortgage, allowing the bank to foreclose even if the mortgage is paid up to date. Instead, you need a comprehensive consult with an experienced estate planning attorney.

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Answered on 2/04/18, 6:49 am

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