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Q: What is a fast claim? I want to get my name off of a mortgage loan.
  • I believe you are referring to a quit claim deed, which is often falsly thought to be a "quick" claim deed.

    Now, I need to address a few things.  First, a deed transfers ownership.  Second, the note determines liability on a loan.  Third, a mortgage ties a note to a property as collateral.

    That being said, by filing a quit claim deed, you would be able to remove your rights to ownership in the property; however, if you are listed on the note, you still would be liable for repayment of the loan.  Removing or modifying your ownership interest may also trigger an acceleration clause, meaning that the lender would be able to demand payment in full for the loan.

    To remove your liability for repayment on the loan you will have to have the cooperation of the other party(ies) on the note.  You could contact the current servicer of the loan and attempt a modification of the note where they would determine if the other party(ies) on the note would qualify without you.  You could also attempt a refinance where you are not used in the qualification of the loan.  In either case, you could also be removed from the deed, giving up or changing your ownership interest in the property.


    Answer Submitted on Sun, Nov 16 2008

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    Answer Contributed by: Kent Mikkola
    Kent Mikkola
    Mortgage Consultant
    M & M Mortgage, LLC
    Roseville, MN
    651-558-9807 Direct
    651-639-9803 Fax
    kmikkola@themmmortgage.com
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