My brother and I want to tranfer our two thirds of the property to our mother. We curently each own a third of the house. There is also a li...

Question

My brother and I want to tranfer our two thirds of the property to our mother. We curently each own a third of the house. There is also a lien on the home from a line of credit. Is it possible to do a quitclaim tranfer, or does the loan have to be satisfied first? The loan is in my name.

Answer

Do not do a quitclaim. They are not transfers of property, they are only releases. A quitclaim will do nothing except mess up the chain of title on your property. If you want a transfer, you would need a deed. As to how to do a deed, I would first have to review your LOC to see if there is a due on sale provision.

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Answer

You should discuss your situation with an attorney specializing in elder law issues before making such a transfer. It may not be in your mother's best interests financially.

Answer

Transferring the property may trigger a default, under a clause known as "due on sale." Beyond that, before you can transfer the property you must close the line of credit. You don't have to pay off the loan, but you have to preclude further draws under the line.