Quit Using Quitclaim Deeds!

Maybe you’ve been told you can be released from liability for a mortgage by signing a Quitclaim Deed. This isn’t true. If you are attached to the loan via a Promissory Note, and not just to the deed/title, then even after you sign over your interest using a Quitclaim deed, you will still be liable for the loan. The Quitclaim Deed will not remove you from the debt obligation.

Questions to See Who is Liable For the Loan

  1. Is the debt (mortgage) showing up on your credit report or was your name simply just on the Deed document?
  2. Does the mortgage company show you on the Note as a borrower?
  3. Does your name show up on the mortgage statements?
  4. Is there a Deed to Secure Assumption from the other party?
  5. NOTE: Do not go by what’s showing up in the property tax records.

In Texas, sometimes a spouse is added only to the Deed pro forma (as industry habit), but not added to the mortgage debt (Note). Make sure first which of these documents you are attached to. Sometimes the Promissory Note will be called by  other names so check with the lender if in doubt. A short-cut is to check to see whether your name is on the mortgage statements Рif so, you are on the Note. If your name is attached to the Note, the spouse/other party will need to refinance to remove your name, or find a buyer Рno other way around it.

In the meantime, you could still indicate your intention to relinquish all rights and all liability. The proper way to do this is by using a Deed to Secure Assumption which will be signed by the other party who is assuming full responsibility for the mortgage debt. This must be used in conjunction with a Warranty Deed that will transfer your interest to the other party.

The Deed to Secure Assumption is a contractual agreement that may be filed into the county records for the world to see. It says that the other party has promised to be 100% responsible for the loan, even if your name is still attached to the loan. This does not mean the lender has to agree to it, but it gives you a chance to go after the other party for payment. The Deed to Secure Assumption also gives you the power to force sale under certain circumstances/ conditions.

So, although a Quitclaim Deed may be used to transfer property rights, it won’t release you from the debt and it is not the best way to transfer title as it does not come with any warranties. Title companies frown upon them for that reason.

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