bought a house in 2004 in my name and my husband but added my brother in law and his wifesname on the title
IkeProblem. A week from now, they are heading to california and said that they no longer wants any obligation and claims from the house and asked if they can talk to an attorney to have their daugter represent for them and signed the quit claim if we are going to refinance. Is this possible ? If it is, is this legal ?
Libbyyes, yes, and yes, the daughter will need to be of legal age and have power of attorney over real estate for them. she can then sign a quit claim deed, and you can refinance, i would advise doing it all at one time through a reputable title company or real estate attorney when u refinance, save the double billing of filing the quit claim and then doing the refi, it also will raise red flags with the refin lender when they see the in laws name removed recently and they will question why, i have done this type of transaction many times in the last 10 years all at one time, less complications.
JackiYes...you would need to get a power of attorney form (any Staples, Office Depot should have one).
Jennellthey can have the daughter sign a power of attorney or better yet have you lawyer draw up a quit claim deed and they can sign it in front of a notary if they are on the west coast.then have it recorded at the register of deeds and write the book and page down and give it to the title company doing the title for thr refinance.
AlissaYou mentioned they are on the title, but said nothing about the mortgage, so I'm confused. Sounds like they are also on the mortgage. Yes, they could be removed during a refi so long as you and your husband can qualify to refi the house. If not, then that's probably not doable for them.Could their daughter represent them? There is such a thing as a limited POA--Power of Attorney that would allow her to sign for them. If they have an attorney, he'll draw it up and make sure all is legal.