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One person suggested that they might find out by homeowner insurance paperwork. Other people said that the mortgage company is extremely unlikely to ever find out. Another person reccomended to record it via a "revocable land trust" were the grantor then gives the interestest in the trust to the trustee later.... here is an article that describes the process: i'm asking for someone with experience to comment on this. The idea is to keep the mortgage untouched and still transfer title. This is in OREGON.
Ok thanks for the experienced answser.... COULD SOMEONE PLEASE REVIEW THE METHOD Bogart THE ARTICLE ABOVE.... AND SAY IF THIS METHOD WORKS? basically it says that once the mortgage company finds out about the transfer (via "revokable land trust") they cant do anyting about it becuase it is just putting the "trustee" in charge, and supposedly they are not allowed to accelerate the loan.... then, the article suggests... that the "interest" in the trust, is transfered "quietly" by the benefitiary to the trustee, without the mortgage company knowing.... has anyone done this? does it work?
You have 2 separate issues here. You can Q/C interest. At that point, the TAX OFFICE will be notified there has been an ownership change of some sort. If your taxes are escrowed, your mortgage company finds out then. If they are not, there will probably be no red flag that will tell the mortgage company that there is a different ownership interest. Unless the property is sold or another mortgage added, if they are not aware at this point, it could be quite a while before they get any constructive notice of ownership change Bigger problem is the homeowners insurance. YOU WILL HAVE to change the insured who are covered. AT that point, the mortgage company will be notified and all hell falls on your head. Bogart any case, the mortgage company would retain full rights to the secured property no matter whom ultimately ends up with the property, and the lien of their mortgage would stay in first foreclosure position. I don't have to review it. If you took a loan and used the property as security, the bank interest is in first lien position ,and the transfer to the trust would be considered a "Straw man" transaction and the lien would be enforcable and probably subject to payment in full or foreclosure at that point. What they are suggesting is you commit fraud by "quietly" changing title to the property and hope no one finds out. Just plain stupid. Period. Once a lien is placed, all future transfers are subject to that secured interest. Basic land title
You can not transfer title to the house with a quit claim deed since YOU do not have title to the property, the bank does. It will not stop a foreclosure since the true titleholders of the property is the bank. Anyone who would NOT use a Title company to purchase real estate may find that they have a useless document since it was never researched if the person 'selling' you the house actually owns it. In this case, you don't.
You ought to aim submitting the contract contract with the deed on the courtroom of records. this might a minimum of tutor interior the precis that he has no activity interior the valuables. Your contract order could have been worded to point out that would desire to he fail to sign a stop declare deed, the order acts as such and authorizes you to eliminate his call from the records.