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How to Respond to a Foreclosure Complaint After Signing a Quit Claim Deed

If you have signed a Quitclaim Deed as a result of divorce, or any other reason, that means that the owner of the property, the “grantor”, removes any legal interest and gives it to the recipient, the “grantee”. By doing this, the grantor terminates their right to claim the property, so naturally the rights transfer to the grantee. If you are the grantor and have signed over the right to claim the property and receive a foreclosure compliant the first thing you should do is consider hiring an attorney. You may say you can’t afford one, but think about the cost of what you can loose.

Although you have given up your rights on the property, the Quitclaim does not remove your liability for the mortgage. If your ex-spouse, or grantee, is not paying the mortgage then the lender will go after anyone else listed on the mortgage. So, even though you have removed your rights and main financial responsibility to the property, the lender will go after any person that may have an interest in the property in order to ensure that their own interests are extinguished through the foreclosure process.

Since you were married, or involved, when the loan was taken out, you were, at the least, included on the mortgage, and quite possibly the loan. The best way to handle this situation is to consult an attorney and determine your exposure. You need to take care of this as soon as possible or the situation may get more complicated and it could possibly take longer to rid yourself of the issue.

Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.