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Updated over 11 years ago on . Most recent reply

User Stats

136
Posts
63
Votes
William Morgan
  • Fix & Flip or Hold
  • San Luis Obispo, CA
63
Votes |
136
Posts

Should she Quit Claim to mom before Short Sale?

William Morgan
  • Fix & Flip or Hold
  • San Luis Obispo, CA
Posted

I'm looking at a property for a potential Short Sale.

The property was inherited via a trust by two daughters. The property is a worn rental that is under water so the daughters do not have an interest in it. They also worry about any liability they may have as the new owners of the property so are anxious to get rid of it. As I understand it, Daughter "A" has already Quit Claimed (QC) to Daughter "B". Daughter B now wants to Deed the property to Mom (the ex-wife of the deceased). Mom just wants to get the whole issue resolved and out of their hair, thus allowing me to Short Sale it for her. I asked Mom to wait on having Daughter B QC the property to her.

The property is currently in Default.

Question: Will any of these transfers hamper my ability to negotiate a Short Sale with the bank? For example if mom is Deeded the property, unbeknownst to the bank, and despite the Daughters being the actual heirs, will this complicate my ability to negotiate a Short Sale with the (two) lenders?

Question: Do I also need the spouses of the daughters to fill out a QC?

Question: Whose Authorization (if any) am I going to need to speak with the Lender about the loans? The Borrower has deceased.

Thanks in advance!

  • William Morgan
  • Loading replies...