Should she Quit Claim to mom before Short Sale?

Should she Quit Claim to mom before Short Sale?

William MorganPro Member
Fix & Flip or Hold · San Luis Obispo, CA · Member since 2012 · 136 posts · 63 votes

I'm looking at a property for a potential Short Sale.

The property was inherited via a trust by two daughters. The property is a worn rental that is under water so the daughters do not have an interest in it. They also worry about any liability they may have as the new owners of the property so are anxious to get rid of it. As I understand it, Daughter "A" has already Quit Claimed (QC) to Daughter "B". Daughter B now wants to Deed the property to Mom (the ex-wife of the deceased). Mom just wants to get the whole issue resolved and out of their hair, thus allowing me to Short Sale it for her. I asked Mom to wait on having Daughter B QC the property to her.

The property is currently in Default.

Question: Will any of these transfers hamper my ability to negotiate a Short Sale with the bank? For example if mom is Deeded the property, unbeknownst to the bank, and despite the Daughters being the actual heirs, will this complicate my ability to negotiate a Short Sale with the (two) lenders?

Question: Do I also need the spouses of the daughters to fill out a QC?

Question: Whose Authorization (if any) am I going to need to speak with the Lender about the loans? The Borrower has deceased.

Thanks in advance!

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    13y

    The property will have to be listed with a realtor, and you making an immediate offer. An attorney will need to tell the Family what needs to be done.
    At least the hardship/seller qualification won't be an issue.

  • Real Estate Broker · Orange, CT · Member since 2013 · 951 posts · 218 votes
    13y

    Who's on title doesn't effect who would owe the bank (the borrower owes the bank, and possibly the estate).

    In any case, every short sale approval should have a waiver of deficiency in the approval letter.

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