We have quit deed. Can we sell the house even if we don’t hold the mortgage?

UPDATED: Sep 30, 2022

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We have quit deed. Can we sell the house even if we don’t hold the mortgage?

Grandmother quit deed to house to my
husband. She still holds the mortgage but now
has dementia. We want to now sell the house.
Do we need her signature to sell the property?

Asked on November 12, 2016 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if the deed is in your name and your grandmother is no longer on the deed, you may sell the house without her signature: the people on the title of a home are the ones who decided whether and when to sell. However, even thought the mortgage is in her name, you will have to pay it off no later than at closing (e.g. with the proceeds of the sale): if you don't, you can't provide the buyer with good title, since the mortgage is a lian on the home.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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