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Subject:
Transfer ownership of house from stepfather to myself.
Category: Relationships and Society > Law Asked by: brentg-ga List Price: $30.00 |
Posted:
17 Mar 2005 22:06 PST
Expires: 16 Apr 2005 23:06 PDT Question ID: 496600 |
I need to transfer ownership of the house my stepfather is living in (by himself) from him to me. He cannot afford the payments (high mortgage), but would be able to pay a lower rent amount. My mother (who is deceased) wanted me to end up with the house, and he has no problem with this. He has no insurance and is currently accruing hospital bills. This needs to be done as soon as possible, and with a minimum of expense. I have had suggestions for quit claim deeds as well as outright purchase using a purchase agreement. I would prefer to avoid using a real estate agent. I would like to know the pros/cons of quit claim deeds vs. purchase agreements, as well as suggestions on the best ways to acquire these (for Arizona). If there are other alternatives, please provide the same information. The house is in Mesa, Arizona and I live in Utah. It is a single family dwelling with a value of about 120,000 - 125,000 and a mortgage of about 110,000. I currently own a home in Utah and would be able to use the home in Arizona as income property. Thank you for your help! |
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Subject:
Re: Transfer ownership of house from stepfather to myself.
Answered By: wonko-ga on 13 Apr 2005 13:39 PDT |
The mortgage presents the most significant issue you will have to deal with. It is quite possible that a quitclaim deed or any other transference of the property to you would cause the mortgage to become immediately due and payable in full. The mortgage would still be your stepfather's responsibility, even if he used a quitclaim deed. Therefore, you will need to have obtained your own source of financing to pay off the existing mortgage so that you can release your stepfather from responsibility for the existing mortgage. Warranty deeds are typically used for title conveyance in real estate transactions in Arizona, but quitclaim deeds are certainly valid. One source maintains that the type of deed is not particularly important. A purchase agreement does not actually transfer the title, but is merely an agreement to do so in the future. There are no documentary, transfer, or mortgage taxes in Arizona. I have provided a link to a purported source of the deed forms you need. Sincerely, Wonko Sources: "State by State Closing Guide for Real Estate Transactions by State" by Sandy Gadow Real Estate Exchange.com http://www.ree.com/ree/articles/article.asp?article_id=19 "Deeds FAQ" Nolo, Inc. (2002) http://cobrands.public.findlaw.com/real_estate/homeownership/nolo/faq/AFB68DC0-43E1-441A-A4DD32ED0B20DD6F.html "Quitclaim deed-California" FreeAdvice http://forum.freeadvice.com/showthread.php?t=224167 "Quitclaim" FreeAdvice http://forum.freeadvice.com/showthread.php?t=226850 "Quitclaim/mortgage" FreeAdvice http://forum.freeadvice.com/showthread.php?t=221548 "Real Estate Questions & Answers" LAWCHEK, LTD (2002) http://www.lawchek.com/resources/forms/realestate.htm "Arizona Deed Forms" US Legal Forms, Inc. (1996-2005) http://www.uslegalforms.com/arizona-deed-forms.htm "Father's quitclaim deed to brother likely valid" by Christopher Combs, The Arizona Republic (June 5, 2004) http://www.azcentral.com/home/hb101/articles/0605combs05.html Search terms: real estate ownership transfer Arizona quitclaim |
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Subject:
Re: Transfer ownership of house from stepfather to myself.
From: expertlaw-ga on 20 Mar 2005 08:22 PST |
It is unfortunate that many people have taken to spamming the comments section. My thoughts: * If the name of the person who posts isn't hyperlinked, they aren't a researcher. * Anybody can comment. Recall that comments cost you nothing, and that's what many of them are worth. |
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