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Can I quitclaim my home to my fiance so that he can refinance with VA at a lower rate? His name isn't on the title or mortgage.

I filed bankruptcy two years ago due to job loss.. I can't refinance for two years. He has excellent credit and few debts. No prior VA loan. Home is in California. Not upside-down-$100K in equity. We've both lived in the house for 25 years. What will my mortgage company do once I quitclaim? Foreclose? Call in the loan? VA rep said they can refinance within 30 days once quitclaim is recorded. How long will we have to refinance to beat lender actions? How does "continuity of obligation" relate to this? Don't want to sell him the house because of numerous closing fees that he'd have to pay (almost 10K at Pentagon Credit Union.) Is there any way to do this in California? by m.lamb1454 from Altadena, California. Dec 10th 2013 Reply


Dave Metsker (DaveMetsker)
#35 ranked lender in Oregon - 2,318 contributions

Adding him to title will not cause a problem with the current lender (they won't even know it). As long as you can show he lived there for 12 months, and his credit and income are satisfactory, you should have no problem. Work with a local mortgage broker who understands how this works.

Dec 10th 2013
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Jamie Lynne (nationwidelenderforyou)
#137 ranked lender in Texas - 576 contributions

As long as you put him on title and can prove that he has occupied the property, we should not have any issues, as the long as he meets the other guidelines. Let's discuss your loan scenario in more detail. Contact me at 800 315 8803. My name is Jamie Lynne and I have been lending in CA since 1989. I am happy to answer your mortgage questions, 7 days a week and review your loan scenario. Until then, I look forward to hearing from you. Jamie Lynne - 800 315 8803, www.bartprequalifies.com, Jamie@bartprequalifies.com

Dec 10th 2013
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

VA will allow this, however there are some lenders out there who will insist that he be on title for 12 months and making the payments on his own before applying.. Keep in mind that VA does not lend money.. they only insure loans against default.. the lenders, or those with the $$$, will have their own set of rules called "Overlays".. it's these overlays that dictate which lender will or wont do your scenario.. for this reason, I recommend you talk to a local mortgage broker.. Do not use the local "Big" bank, or one of those 50 states internet lenders or nationwide lenders...By applying with your LOCAL Broker, you have an advantage because he's familiar with local customs and works with numerous lenders, seeking out the best loan terms for your particular scenario. Because he has lower overhead, he can offer you lower rates and lower fees than most of the larger lenders.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com

Dec 10th 2013
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Phil Dumouchel (PhilDu)
#32 ranked lender in South Carolina - 2,249 contributions

You could also structure the loan as a purchase by him from you and accomplish the same thing unless that triggers state fees you are trying to avoid. Even for a refinance there will be many of the same costs (lender and legal/title) as for a purchase. My sister just did the same thing in another state and it is working out okay for them. Either way, it should help you out and after you close you can still be added back onto the title to the property.

Dec 10th 2013
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Charles Louis (CPL_in_SoCal)
#930 ranked lender in California - 4 contributions

Dear Ms. Lamb:Please read this very carefully: The answer to your question is "Yes", there is a way; but your question is not a question that a loan officer or real estate broker is qualified to answer. Notwithstanding that a "Quitclaim Deed" is not the proper document to accomplish what you are contemplating and will not be recognized by any title company when you try to move forward with your plan, deeding "Right, Title or Interest" to/of/in your property to another person in part or full is "Giving Away" your "Right, Title or Interest" in your property in part or full. In order to protect your ownership, interest and equity, as well as protect your credit and property from possible foreclosure due to your conveying a "Beneficial Interest" in the property outside of some very specific legal guidelines, that "Could" trigger the "Due on Sale" clause pursuant to your Note/Trust Deed/Loan Agreement; my professional advice is that you consult an attorney who specializes in California "Family Law" and/or "Real Estate Law" before you do anything that has to do with signing any deed that conveys any interest in any property in way. A qualified attorney will know exactly what to do, can put together a friendly, yet defining and binding, agreement in a couple of hours; and, will consult with a qualified loan officer once an agreement has been made that protects all parties. (The person signing on the loan has a 100% financial continuing obligation regardless of their ownership interest and could exceed the defined equity position(s) of the parties.) I have accomplished exactly what you are trying to do several times and it is not complicated. However, knowing that property ownership has been modified in order to accommodate or facilitate a loan transaction, I will not get involved with a transaction of this nature without both parties being bound by a legal and mutually beneficial agreement drafted by a qualified attorney that: Defines ownership and proportionate equity interest effective the date of loan closing and going forward; outlines a "Qualified and Detailed" plan of action; concludes the continuing duties and liability of the third party (Loan Officer) upon completion of the action under the contractual agreement; will return "Your" property to you in full and unravel the agreement in the event that your refinance does not happen for "Any" reason; and defines what happens with the property in the event of separation, natural or otherwise.If this sounds like the plan of action that is right for you, I would certainly like the opportunity to compete for your business.And one last thing; if you convey any interest in/to/of your property by recorded deed, your lender will know. They may or may not do anything about it and any competent lender should be able to close your loan prior to your existing lender taking any action. But they will know and I agree; you should work with somebody that understands how this works. Charles LouisNMLS 238263(818) 879-3896MyLoanOfficer@verizon.net

Dec 10th 2013
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Stacey Nielsen (Unitywestlending)
#909 ranked lender in California - 123 contributions

Adding him to title will not cause a problem with the current lender (they won't even know it). As long as you can show he lived there for 12 months, and his credit and income are satisfactory, you should have no problem. Work with a local mortgage broker who understands how this works. @DaveMetsker We are a local lender and would be happy to help answer any of your questions @m.lamb1454 http://www.uwlending.com/mortgage-basics

Dec 11th 2013
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