Quit Claim Deed Question

[meche94]

Forum,

This is for my Dad in Louisiana.

The QUESTION to be asked is, how can my Dad go about filing for a QUIT CLAIM DEED to remove my stepmother from the mortgage leaving it in his name and responsibility only?

The following are reasons for his interest in doing this:

I. My father and ex-stepmother have been seperated for twenty (20) years.

II. They have been divorced for ten (10) years.

III. When my stepmother left the house in 1987 (since that time living in Oklahoma), she never returned.

IV. My father gained full custody of my two half-brothers (her natural children), and never received any emotional nor financial support from my stepmother.

V. Their divorce was granted and finalized through the mail for $295.00

VI. One of my half-brothers is now in prison; our father has attempted to get a 2nd mortgage on the house to hire an attorney to work to get his sentence (for 1st offense) reduced since he is so young and can be rehabilitated. Both attempts for the 2nd have resulted in my stepmother refusing to sign the loan as required.

Anyone who can share insights into Louisiana Law regards to the matter of filing the QUIT CLAIM DEED is greatly appreciated.

Regards,
meche94
North Carolina

 

[meche94]

Also, if what I'm asking for is not correct, please redirect me so I can relay guidance properly.

Thank you again

 

[lwpat]

He cannot file a quit claim deed. He can have one prepared and request that she sign it. He can go to court and file a quiet title action. Is her name on the deed and the mortgage? If so a quit claim deed will have no effect on the mortgage unless he refinances in his name only after the property is transferred.

 

[meche94]

He cannot file a quit claim deed. He can have one prepared and request that she sign it. He can go to court and file a quiet title action. Is her name on the deed and the mortgage? If so a quit claim deed will have no effect on the mortgage unless he refinances in his name only after the property is transferred.

Yes, her name is on the mortgage; I am not sure about the deed since the house is not completely paid for. From memory, I think the balance is about $15K. So my understanding is that he should file a "quiet title action." Please advise further - Sincere thanks.

 

[lwpat]

You need to find out the names on the deed.

 

[meche94]

Only my father and stepmother are listed on the mortgage.

 

[lwpat]

To thelawprofessor: Please add the banging head against wall Smilie.