Uncle Quit-Claimed House to Nephew, Who Wont Pay the Mortgage

[Burt L.]

I was contacted by the uncle, who made the obvious mistake of Quit-Claiming title instead of doing a Contract for Deed, etc. The Nephew has refused to pay the mortgage or to respond, and has said he will be there until "the bitter end".

The uncle has told me he received paperwork from the lender which authorizes them to sell the property and the uncle wants me to review that paperwork with him. As the nephew will refuse access to anyone, I don't know what practical benefit that could have, but I am sure they are also having him sign over some legal rights the uncle may still have. I encouraged him not to sign it initially, and especially since no action would be taken during the holidays anyway. I am not sure what the lender is trying to accomplish in having the uncle authorizing the lender selling the house. What is the lender doing with a such paperwork sent to the uncle? The nephew has been clear he will be there until eviction.

I am going to door knock the house and speak to the nephew and explain what is forthcoming and offer him cash for keys. The uncle says he is only 6'6' and has a pit-bull, but so it goes! I just don't know what the lender is trying to accomplish in getting authorization for the  uncle, who no longer holds title.

[Wayne Brooks]

I don't know what supposed documents the uncle is talking about, between him and the lender.  But it doesn't matter.....title is in the nephew's name, and no sale can occur without the nephew signing, regardless of what the uncle and the lender try to do amongst themselves.  This assumes you are correct that title has been transferred by a QCD.  Maybe they are talking about a DIL, but I'm guessing the lender doesn't know about the transfer.