My mother and my step-father separated 5 years ago. They didn't get a divorce due to religious beliefs. He passed away last year and we found out that my mother's name is still on the house deed. As far as we know, the house is on the beginning of foreclosure process. My mother's name is not on the mortgage but she's being held responsible for the maintenance of the property because of the deed. She doesn't have the extra money to pay for the maintenance of the property until the foreclosure's been final. Can she file a quitclaim to take her name off of the deed and just leave my step-father's name on it? If not, is there anything she can do? Thank you so much for your time.
Answer
She can quit claim but the question is to whom? The association is charging maintenance? Do they want the unit in exchange for a release of her from any responsibility? You really need to explore the issues more deeply with an attorney. Who is living in the unit? is it abandoned? will the bank accept it in lieu of the foreclosure.
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